North Carolina employers need to be aware of the changes in North Carolina Labor Law Posters. The N.C. Department of Labor made several changes to the North Carolina Workplace Laws poster in March 2006 from the previous version (September 2004).
Employers who don’t have up to date posters prominently displayed in the workplace are subject to citations and/or fines, according to State Labor Commissioner Cherie K. Berry. Some of the changes affect the North Carolina state OSHA poster, and the Wage and Hour poster. Some of the changes are noted here. We’ll post additional changes for North Carolina as space permits.
Some of the Changes to North Carolina Labor Law Posters include:
The Safety and Health Review Board of North Carolina changed its name to the N.C. Occupational Safety and Health Review Commission. All instances that referred to the review board have been changed to the new name.
Minor changes were made to the Inspections and Reporting Accidents subsections of the Safety and Health on the Job (OSHA) section.
Minor changes were made to the Youth Employment subsection of the Wage and Hour section. One change clarified that 14- and 15-year-olds can work until 9 p.m. only from June 1 through Labor Day. Another change added detrimental and prohibited to the definition of types of jobs that are not permitted for youths.
In addition, major changes were made to the Wage Payment subsection of the Wage and Hour section as a result of legislation approved by the N.C. General Assembly during the 2005 Session, including the following:
Employers must notify employees or any reduction in promised wages at least 24 hours prior to such change.
The withholding or diversion of wages owed for the employer’s benefit may not be taken if they reduce the employee’s wages below the minimum wage amounts, and may not be made to any overtime wages owed.
A recent job-related fatality just underscores the need for employers to update their employment posters through a service that provides labor law posters for North Carolina. On Sept. 17, 2005, a 26-year-old diver was killed while he was inspecting the head gates of a hydroelectric dam. He was performing routine maintenance to electric power producing equipment to ensure proper operation of hydro stations. The young diver, employed by an underwater service company, was inspecting the head gates that control water flow over the dam turbines to produce electricity. Although the gates had been replaced three years earlier, they sometimes failed to seal properly when closed.
While we don’t know for sure what safety measures this employer took, prominently displaying safety posters decreases the chance of work-related accidents. In this case, the unnamed victim was a diver with the service company and had been employed less than four months. Before beginning work, hydro station operators told the diver about an open filler valve, warning that water could be flowing at that point. An open valve raised the possibility that a diver near the valve could be sucked into the opening. Later interviews by the labor department revealed that other dive team members were not aware of the danger.
An easy way for employers to prevent serious or even potentially fatal accidents is to prominently display safety posters such as the OSHA – Job Safety and Health Protection Posters.Many employers fail to realize that they can be fined for failing to display posters, even if no accident results.
The North Carolina Complete Labor Law Poster provides all the labor posters required by the Federal government, including the OSHA – Job Safety and Health Protection Posters. Also available are the USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, and the Family and Medical Leave Act poster.
In addition, all the posters required by the State of North Carolina are available which include:
North Carolina (NC) Posting Requirements for Employers have been enacted to ensure that each employee has their labor right rights communicated to them and upheld. These labor law rights must be clearly posted in the workplace so that all employers can see them.
Labor law posters contain all labor law rights that employees need to be aware of. Posters will contain a brief overview of the laws. It is up to the employees to further educate themselves about the details of the laws. Basically, the North Carolina (NC) Posting Requirements for Employers state the labor law posters should be placed in highly visible areas of the workplace, such as an employee break room.
Labor law posters must be up at all times. In the event that a poster is removed, the employer must replace the poster. The employer must also replace the poster is a law is updated. Often, I know that labor laws are updated on an annual basis. This means that each year will bring a new poster. The employer is entirely responsible for ensuring that the new poster is purchased a placed in the workplace.
There are three state laws that need to be stated on the labor law poster. These laws are: Notice to Employees, Workers’ Compensation Notice, and the certificate of Coverage and Notice to Workers as to Benefit Rights (Unemployment Insurance.)
The labor law posters are often not only the first place employees gain information about their labor law rights, but they are also the best resource that employees have on a fairly basis should they need to contact a state labor law agency. If an employee believes that his or her rights have been violated, the employee can find contact information for state agencies on the labor law poster, which makes protecting their rights simplified.
The state of North Dakota may be so far north that it’s practically in Canada, but kidding aside, the state is part of the Union, and as such, has many of the same laws that the other 49 states have. This includes rules and regulations regarding compliance posters for employers in the state of North Dakota.
In fact, the North Dakota Compliance Posters have a lot of similarities with the compliance posters of some of the many other states that we’ve looked at. For instance, as with other states, the North Dakota Compliance Posters must be posted somewhere in the work site where all employees can have the chance to take a look and read them.
Also, the North Dakota Compliance Posters contain the six mandatory federal postings that many of the other states’ compliance posters include. These are the federal postings that have to do with everything from OSHA’s job site safety and health requirements, to the Equal Employment Opportunity rules, to the federal minimum wage, among others.
But as we know, we’re here to focus in on the state postings in the North Dakota Compliance Posters, and that being such, we should hone in on them. In North Dakota, there are three mandatory postings that involve state employment rules.
These state postings in the North Dakota Compliance Posters include the unemployment insurance posting, the minimum wage posting, and the workers’ compensation posting.
The workers’ comp posting in the North Dakota Compliance Posters includes notice to all employees that it is their responsibility to report any accident or injury to their employer immediately.
In fact, employees in that case have up to seven days to let their employer know by verbal communication or by written letter. If an employee fails to follow this seven day guideline, then it can be held against them later by Workforce Safety & Insurance when deciding their workers’ comp claim.
North Carolina sometimes gets confused with its neighbor, South Carolina. But we’re not going to make that same mistake here. Just because both states end with the same word, doesn’t mean that they have the same rules and regulations regarding labor and employment, especially when it comes to compliance posters.
We’ll have South Carolina for a little bit later, and instead focus in on the uniqueness of the North Carolina Compliance Posters. What makes the North Carolina Compliance Posters so different you ask?
The basis of the difference comes from the fact that there are four state-based mandatory postings that all employers must have in their North Carolina Compliance Posters. These four postings include the workers’ compensation posting, the wage and hour act posting, the OSHA safety and health guidelines for the workplace, and the unemployment insurance notice.
The wage and hour act posting in the North Carolina Compliance Posters is particularly interesting, so I’ll take a closer look at it. Basically, the wage and hour posting covers a lot of ground in North Carolina labor laws, everything from breaks, to child labor, to minimum wage.
For instance, the wage and hour posting in the North Carolina Compliance Posters can tell both employers and employees what to do if a minor under the age of 18 wants to get a work permit. In that case, there is a special link on the North Carolina Department of Labor Web site for such a permit.
Then there’s the question of breaks during work hours, which the posting touches upon. In that case, it is perfectly legal for employers not to give 15-minute breaks to employees for coffee or lunch.
In the case of the minimum wage, the posting also will notify employers and employees alike that not all North Carolina employees must make the set minimum wage. Instead waitresses can make less—$2.13—for the minimum wage.