Employment Laws: What are the Employment Laws in North Carolina?
The state of North Carolina has employment laws that offer higher levels of protection to its employees in comparison to federal law in topics like E-Verify, health care continuation obligations for smaller employers and parental leave requirements for school involvement. However, the state follows federal laws about topics like occupational safety and minimum wage.
Some prominent employment requirements in North Carolina have been listed below so that the state’s employers know about the employment laws impacting the employer-employee relationship. It is imperative for employers to adhere to both state and federal law.
Fair employment practices in North Carolina
Under the state’s employment acts, employers who have hired a minimum of 15 employees at their workplaces are restricted from harassing and discriminating against employees by certain protected characteristics. These include:
- National origin
- Disability or handicap
- Sex including pregnancy
Also, employers in North Carolina restricts its employers from taking any form of retaliatory or punitive action against their employees just because the latter has threatened to file or have filed complaints about starting a proceeding or an investigation, offering information to any individual about different state statutes, or testifying.
Additionally, employers should realize that in case of any overlapping between local, state or/and federal law, the law, which provides the highest set of benefits should apply to the employees in the state.
Hiring and recruiting in North Carolina
Some of the major requirements for recruiting and hiring in North Carolina are as follows:
Drug testing in North Carolina
According to the employment law of North Carolina, employers requiring applicants to undergo an examination on controlled substance should comply with specific procedural requirements like taking help of an approved laboratory for conducting the test, enabling the job applications to undergo a retest, and confirming positive test results.
Criminal checks in North Carolina
Employment laws in North Carolina restrict employers from inquiring applications about an arrest or expunged criminal convictions during interviews or while filling up job applications.
Wage and work hours in North Carolina
Check out the major requirements that impact wages and hours in North Carolina:
Overtime in North Carolina
Employment laws in North Carolina typically need employers to pay overtime compensation to their employees at the rate of 1.5 times the regular compensation rate when they work for hours over the stipulated 40 hours in any week.
Minimum wage in North Carolina
Minimum wage in the state of North Carolina is the same as the minimum wage fixed by the federal employment law.
Child labor laws in North Carolina
In North Carolina, child labor laws limit the occupations where any minor can be employed, as well as, the total number of hours they can work. The state prohibits all minor from being employed in occupations that are declared as unsafe by the country’s Department of Labor and those mentioned in the state’s law and also restrict them:
Any task about getting exposed to hazardous minerals like asbestos silicate, silicon dioxide, quartz, benzene, or lead
From works such as torch cutting, brazing, and welding
Selling, dispensing, serving, or preparing beverages
To work as a helper of an electrician or as an electrician
Minors aged between 14 to 15 years should not work:
- Before 7 am in the morning or after 7 p.m.
- During school hours
- Over 18 hours in any week when school weeks are on, and 40 hours there are nonschool hours
- Over 3 hours every day on school days/ 8 hours on any nonschool day