North Carolina Fair Labor Laws
- North Carolina's state law includes provisions about fair labor standards, including wages.north carolina outline image by Kim Jones from Fotolia.com
Each of the 50 United States sets forth its own rules and regulations to ensure fair labor standards transpire within its border. North Carolina's General Statutes include provisions which govern wages and their payments, normal and excessive working hours and a special section on the employment of minors under the age of 18. - According to Section 95-25.3 of the statutes, North Carolina's minimum wage is $6.15 per hour for all workers (as of August, 2010), with the exception of "full-time students, learners, apprentices and messengers," who earn only 90 percent of this wage "in order to prevent curtailment of opportunities" extended to them. Workers who earn tips, such as restaurant servers, may have their tips "counted as wages only up to the amount permitted" by federal law, which states that these employees' tips plus their minimum wages must equal the normally-established minimum wage when added together.
An employer must make payment to its employees on a designed regular payday, defined by Section 95-25.6 as occurring "daily, weekly, bi-weekly, semi-monthly, or monthly." In the event it fires, lays off or otherwise ends a worker's employment, an employer must expedite payment of "all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee." - The chapter on labor also sets forth specifications when it comes to hours, specifically those worked in excess of the normal workweek--overtime. Specifically, Section 95-25.4 mandates employers pay "each employee who works longer than 40 hours in any workweek at a rate of not less than one-and-one-half the regular rate of pay." It clarifies, however, that "seasonal" workers (such as amusement park employees) are entitled to this rate "only for hours in excess of 45 per workweek."
- Section 95-25.5 first and foremost prohibits individuals under the age of 18 from obtaining employment without a youth employment certificate, to be obtained from the Commissioner of Labor's office. The law goes on to bar minors aged 16 and 17 from working before 5:00 a.m.. or after 11:00 p.m. on school nights, except for "if the employer receives written approval for the youth to work beyond the stated hours from the youth's parent or guardian and from the youth's principal."
If the minor in question is 14 or 15 years of age, he is more severely restricted. Specifically, to three-hour days and 18-hour weeks during the school year, all of which must be exclusive of class time and within the hours of 7:00 a.m. and 7:00 p.m. During the summer, these individuals may work as late as 9:00 p.m. but cannot, under any circumstances, work days longer than eight hours or more than 40 hours per week.
12- and 13-year olds may work as newspaper delivery associates, but "not more than three hours per day."