The Fair Labor Standards Act (FLSA) is the federal law that requires minimum wages and premium pay for overtime. RALEIGH, NC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Demetrio Inc. – operating as El Pollo Rico Restaurant in Raleigh, North Carolina – has paid $48,248 in back wages and liquidated damages to 32 employees for violating the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. The law states that the employer may be required to pay the employee the amount of previously unpaid minimum wage or overtime pay that was not yet paid and an amount equal to that as liquidated damages. Exempt employees do not have the rights afforded in either of these acts. The definition of "employer" in the North Carolina Wage and Hour Act ("Act") is as circular as it is in the FLSA. 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section. Both the federal Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWAHA) categorize employees into two types: exempt and nonexempt. The FLSA requires employers to pay the minimum wage and overtime for each hour worked in excess of 40 per week. There are a number of types of claims that arise under this statute: Unpaid wages or salary following the end of employment The North Carolina Wage and Hour Act does not apply to out-of-state employees working for North Carolina companies even if their employment agreements provides that the law of North Carolina applies, per the ruling of the North Carolina Court of Appeals today in Sawyer v.Market America, Inc. Sawyer, a resident of Oregon, worked for… Under the Fair Labor Standards Act (FLSA), employees have certain rights and protections.Employers who violate FLSA terms are financially liable for doing so and could face punitive damages or an expensive class-action lawsuit if multiple employees are affected. • The employee can recover their earned wages, liquidated damages in an equal amount, and attorneys’ fees. The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their Code 12 .0101 – .0906 GENERAL SUMMARY: The Wage and Hour Act prescribes the conditions under which wage payments in North Many states and municipalities have laws that require minimum wages that may be even higher than the federal minimum. The individual defendants were personally liable for the judgment obtained by plaintiff under the North Carolina Wage and Hour Act. North Dakota. Labor Standards Bureau. North Carolina Wage and Hour Act. 2011 North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations. 1.5 rate for more than 40 hours per week. Does the North Carolina Wage and Hour Act only apply to certain types of compensation? Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). Here are some fast facts you need to be familiar with as an employer […] 30-minute unpaid meal break for shifts exceeding 5 hours. The FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. The plaintiffs opposed the motion, claiming that North Carolina, like the FLSA, prohibits release of state wage claims. Both the FLSA and its parallel law North Carolina apply only to … 2011 North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations. Article 2A - Wage and Hour Act. Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). Withholding of wages. The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their Recovery of unpaid wages. North Carolina’s Retaliatory Employment Discrimination Act prohibits employers from taking any retaliatory action against an employee because the employee in good faith does or threatens to file a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any violation of the Wage and Hour Act. North Carolina / Wages & Hours / Wage Payment & Collection 㾔 WAGE AND HOUR ACT (WAGE PAYMENTS) STATUTORY CITATION: N.C. Gen. Stat. He concluded that the North Carolina Wage and Hour Act parallels … Section 16(b) of the Fair Labor Standards Act instructs the courts on the amount of damages that are possible when an employee sues an employer for unpaid minimum wage or overtime claims. This is the same as the federal minimum wage set in the FLSA because our Wage and Hour Act says that the state minimum wage will be set at either $6.15 per hour or the federal minimum wage, whichever is higher. By: North Carolina Lawyers Weekly Staff March 26, 2020 Although the North Carolina Wage and Hour Act does not define “unpaid amounts,” its definition of “wage” and other provisions lead the court to the conclusion that liquidated damages under the NCWHA are properly awarded based upon the employee’s gross, rather than net, pay. If you believe your North Carolina employer withheld overtime pay you earned, we can help you determine the validity of your claim. The North Carolina has enacted a similar statute called the Wage and Hour Act. (a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. The minimum wage rate in North Carolina is the same as the Federal Minimum Wage, which is $5.15 per hour. Wage and Hour Disputes Raleigh, North Carolina FLSA Attorneys. The majority of all North Carolina employees are covered by the North Carolina Wage and Hour Act (NCWHA), subject to a few exemptions such as persons employed in agriculture, baby sitters and other domestic companions, bona fide volunteers, models, actors, and persons employed by an outdoor drama production role including lighting, costumes, and set designers. The Act describes the concept of "employer" only by providing that the term "employer" includes "any person acting directly or indirectly in the interest of an employer in relation to an employee." The FLSA mandates that employers pay employees a minimum wage of at least $7.25 per hour. Adds the terms employment status, intentional, and willful.. 95-25.22. There has been an increasing amount of litigation in recent years under the North Carolina Wage and Hour Act. These laws designate the standards for fair wages, overtime, youth labor, promised wages, and recordkeeping requirements. For example, minimum wage, overtime pay, payments of promised wages that may not fall under normal laws, employment of youths, and keeping records of employee wage payments all fall under the Wage and Hour Act. Article 2A - Wage and Hour Act. North Carolina. The North Carolina Wage and Hour Act governs the payment of wages and related benefits in a timely manner. The federal minimum wage increased to $7.25 per hour effec-tive July 24, 2009; therefore, employers in North Carolina … Deductions for cash shortages, inventory shortages, loss or damage to an employer’s property and deposits by the employee for the use of the employer's property may not reduce the wages for the pay period below: 85% of the minimum and overtime wages required under the North Carolina Wage and Hour Act for employees covered by the Act; Judge Cogburn noted that this issue has never been litigated in North Carolina. The North Carolina Retaliation in Employment Discrimination Act (REDA) also prohibits certain kinds of workplace retaliation, including retaliation against employees who have filed workplace safety or wage and hour complaints with the North Carolina Department of Labor, or those who have been injured at work and filed workers’ compensation claims. 95-25.8. Employers are required to pay the undisputed portion of the earned wages. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. North Carolina … It is important that both employers and employees know their rights and responsibilities under the NCWHA. The North Carolina Wage and Hour Act (NCWHA) establishes regulations on employment in the state, including minimum wage, employee age requirements and numerous other provisions. Minimum Wage. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. §§ 95-25.1 – 95-25.25 RELATED REGULATIONS: 13 N.C. Admin. The North Carolina Department of Labor’s Standards and Inspections Division, Wage and Hour Bureau handles wage and hour complaints for $50.00 or more. 2 years. The Court refused to award liquidated damages, however, finding that the defendant had acted in good faith and had a reasonable basis for believing that their refusal to pay bonuses was not in violation of… The Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) govern the payment of wages and benefits for workers. II. The current minimum wage in North Carolina is $7.25 per hour. Employers violating the FLSA’s or North Carolina Wage and Hour Act’s minimum wage or overtime requirements may be forced to pay an employee’s unpaid overtime compensation or minimum wages (or both), and a court can also require an employee to pay liquidated damages. 1.5 rate for more than 40 hours per week : Double amount of unpaid wages. The N.C. Department of Labor’s Wage and Hour Bureau enforces the 1979 Wage and Hour Act of North Carolina (Chapter 95, Article 2A of the North Carolina General Statutes) and the Administrative Rules promulgated thereunder (Title 13, Chapter 20 of the North Carolina Administrative Code). Potentially, the employee can hold certain individuals liable. Frequency of Wage Payments. The best way to understand how a civil lawsuit involving the Wage and Hour Act works is through an example. Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). Makes clarifying and organizational changes to the defined terms set out in GS 95-25.2, applicable to Article 2A, the Wage and Hour Act. In general, you can go back two years to recover your owed overtime wages in North Carolina after your employer fails to pay you the wages you earned.You might also be able to recover interest, liquidated damages, and more. You can file a complaint by calling toll-free (NC only) 1-800-NC-LABOR (1-800-625-2267). 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