Knowledge — 2 years ago

North Carolina Labor Laws and Employee Rights in North Carolina

by Eddie V.

North Carolina Labor Law, North Carolina Labor Laws
What are North Carolina Labor Laws?
 Labor Laws are a set of rules and regulations that codify into law the rights, obligations, and duties of employers, employees and labor unions. Labor laws were instituted in the 20th century to bridge the gap between the bargaining powers of employers and employees; ensuring fairness and a safe and secure workplace for all employees. The federal Fair Labor Standards Act of 1938 created a minimum set of rules and guidelines for all employees across the country; with individual states encouraged to go above and beyond the minimum requirements within their respective jurisdictions.

Labor Laws in North Carolina
North Carolina follows the standards set by the federal Fair Labor Standards Act; with the laws being enforced by the Department of Labor, North Carolina. The following are the rules and regulations that employers need to adhere to while employing people within the jurisdiction of North Carolina:

Wage Laws: The minimum wage across the state of North Carolina is set at $7.25 per hour. The state does not limit the maximum number of hours or days a person above eighteen can work. Neither does the state prescribe any limits on the duration of breaks that an employer must provide to an employee aged above sixteen. Employers have to follow the specified limit of 40-hour work week, and employers have to pay overtime of one-and-a-half times of the nominal hourly wage for each hour worked above the prescribed limits. Employers have the option of scheduling work weeks according to their convenience, irrespective of the fact employees agree to the schedule or not; with the rules being the same regardless of the size of the business.

North Carolina Labor Law
Minimum wage is exempt only for individual employees such as executives, administrative employees, and professional employees who meet specific criteria laid down by the state. Employers are required to pay employees for the time they are required to wait at an establishment, irrespective of work; since waiting time is also considered as work done by the state law. North Carolina law requires that employees must be paid at least once per month or twice per month, or more frequently; which needs to be fixed beforehand and provided to the employee in writing. Employees can be paid using cash, checks or direct debit to a card or account whereby employees do not incur any cost for the same.

Civil Rights Laws: North Carolina follows the Civil Rights Act of 1964, and prohibits employers from discriminating employees by race, ethnicity, skin color, gender or religion. North Carolina also protects employees from discrimination against HIV/AIDS status, military status, sickle-cell or hemoglobin C traits.

Legal Holiday Laws: All employers operating in the state of Virginia are required to provide
  • Holidays for days deemed as legal holidays by the state. According to Section 2.2-3300, the
  • following days are considered as legal holidays:
  • New Year’s Day
  • Martin Luther King Jr.’s Birthday
  • Good Friday
  • Independence Day
  • Labor Day
  • Veteran’s Day
  • Thanksgiving
  • Christmas
  • Memorial Day
  • Robert E. Lee’s Birthday
  • Washington’s Birthday
  • Confederate Memorial Day
  • Yom Kippur
  • Columbus Day
  • Anniversary of Mecklenburg Declaration of Independence
North Carolina Labor Laws

Right to Work Laws: According to North Carolina's right to work laws; labor unions are prohibited from charging union dues from non-unionized workers, and labor unions cannot deny the right to work on account of membership of the labor mentioned above union. 

Retaliation and Whistle-blower Laws: According to the North Carolina State Law, employers are prohibited from discriminating, discharging, suspending, demoting or taking adverse action against an employee for filing claim against unlawful employer activity, initiates an action to enforce workplace safety rules, or enforces their workplace rights including payment of overtime wages, unlawful deduction of wages and enforcement of workplace hours.


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