Assume that you have worked forty (40) hours per week for the past twenty-five (25) weeks. 2011 North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations. You can file a complaint by calling toll-free (NC only) 1-800-NC-LABOR (1-800-625-2267). The FLSA contains exceptions from the minimum wage requirement. 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. North Carolina … There has been an increasing amount of litigation in recent years under the North Carolina Wage and Hour Act. North Carolina / Wages & Hours / Wage Payment & Collection 㾔 WAGE AND HOUR ACT (WAGE PAYMENTS) STATUTORY CITATION: N.C. Gen. Stat. 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. 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. Employers are required to pay the undisputed portion of the earned wages. 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. Exempt employees do not have the rights afforded in either of these acts. II. 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. These laws designate the standards for fair wages, overtime, youth labor, promised wages, and recordkeeping requirements. Interest on unpaid wages… Minimum Wage. Labor Standards Bureau. 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). 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. 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. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. 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. 95-25.22. Both the FLSA and its parallel law North Carolina apply only to … The definition of "employer" in the North Carolina Wage and Hour Act ("Act") is as circular as it is in the FLSA. Here are some fast facts you need to be familiar with as an employer […] 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 federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their North Dakota. 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.. Many states and municipalities have laws that require minimum wages that may be even higher than the federal minimum. Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). 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