North Carolina Labor Laws

August 18th, 2006 Posted by Sarah

In reviewing the labor laws of various states, I have learned that North Carolina has a comprehensive set of labor laws encompassing a variety of topics. Some of the issues covered by these laws include wage and hour regulations, anti-discrimination rules, labor disputes, the regulation of employment agencies, labor organization regulations, occupational health and safety and workplace violence prevention rules. I thought it might be helpful to go over just a few highlights of these laws.

One aspect of North Carolina rules that affects just about everyone working in the state is the wage and hour law. Wages in the state of North Carolina must be paid at least monthly, except for certain types of bonuses and commissions (which may be paid as infrequently as annually). The wages of employees that are separated from their jobs for any reason (including quitting or being fired) must be paid on or before the next regular payday. The minimum wage in North Carolina is set by law to equal the federal minimum wage, which is currently $5.15 per hour. That means that if the federal wage is increased at some point by Congress, the North Carolina minimum increases at the same time. Tipped employees may be paid a lower amount, as long as their total hourly earnings equal the minimum wage each hour. Rules for collecting unpaid wages are also set up in this section of the law.

Similar to many states, the North Carolina labor laws require minors under 18 to have an employment certificate in order to work. Work hour restrictions for minors under 16 are written in the state law, but 16 and 17 year old minors are not restricted by law. Youths under 16 also must be given a 30 minute rest or meal break for each 5 hours they continuously work. Various restrictions are also placed on the type of jobs minors may hold.

Anti-discrimination laws are another important part of the North Carolina labor laws. As is true under federal law, North Carolina residents are protected against discrimination because of age, race, gender, religion, national origin or disability. There are also special provisions in North Carolina’s labor laws prohibiting discrimination based on sickle cell trait, hemoglobin C trait, or any type of genetic testing or information. Finally, employers may not discriminate against employees or potential employees because of their “lawful use of lawful products” during nonworking hours. This might include discrimination based on the use of products such as alcohol or tobacco. Discrimination complaints in North Carolina are handled by the Employment Discrimination Bureau.

This is just a quick overview of a few of the North Carolina labor laws. The North Carolina Complete Labor Law Poster has a complete list of the current federal and state laws on this topic.

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Posted in Compliance Issues, Department of Labor, North Carolina

  1. Posted by: Steve

    Is it against NC Labor Law to eat your lunch at your desk for 30 min. and not be engaged in work?

  2. Posted by: Amelia

    Hi Steve! No, it is not against the law in North Carolina — but it may be against company policy, and the employer would have the right to terminate an employee who did so. North Carolina is one of 31 states with no meal or break law, so employers are not required to give employees breaks in the state. However, the employer can set whatever company policies they like regarding breaks. The employer may determine that employees must take a break, or that they must take a break away from the work area. HTH, and thanks for reading the blogs!~ Amelia

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