North Carolina N.C. Labor Laws Poster Required
The N.C. Labor Laws Poster is a general labor law poster poster by the North Carolina Department Of Labor. This is a mandatory posting for all employers in North Carolina, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees will see it. This poster describes what the minimum wage is as well as how overtime must be paid as well as exemptions to minimum wage and overtime. This poster also describes the requirements and restrictions minors have for employment with regards to hours possible that they can work and where they can and cannot work. Also described is when regular wage payments should be and where to file complaints if any violation of this law occurs. This law also discusses health and safety laws and what employers must do to follow the standards of the state and how the state deals with penalties to employers who do not follow health and safety standards.
NC All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both North Carolina and Federal poster requirements by clicking here .
Wage and Hour ActMinimum Wage: $7.25 per hour (effective 7/24/09).Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. The federal minimum wage increased to $7.25 per hour effec- tive July 24, 2009; therefore, employers in North Carolina are required to pay their employees at least $7.25 per hour. An employer may pay as little as $2.13 per hour to tipped employees so long as each employee receives enough in tips tomake up the difference between the wages paid and the minimumwage. Employees must be allowed to keep all tips, except thatpooling is permitted if no employee’s tips are reduced more than15 percent. The employer must keep an accurate and complete record of tips as certified by each employee monthly or for each pay period. Without these records, the employer may not be allowed the tip credit.Certain full-time students may be paid 90 percent of the minimumwage, rounded to the lowest nickel.OvertimeTime and one-half must be paid after 40 hours of work in any one workweek, except after 45 hours at seasonal recreational and amusement establishments. The state overtime provision does not apply to some employers and employees who are exempt.Youth EmploymentRules for all youths under 18 years old are:Youth employmentcertificates (YEC) are required. To obtain a YEC, please visit our website at www.nclabor.com. Hazardous or Detrimental Occupations: State and federal labor laws protect youth workers by making it illegal for employers to hire them in dangerous jobs. For example, non- agricultural workers under 18 years of age may not operate a forklift; operate many types of power equipment such as meat slicers, circular saws, band saws, bakery machinery or wood- working machines; work as an electrician or electrician’s helper; or work from any height above 10 feet, including the use of ladders and scaffolds. For a complete list of prohibited jobs, please visit our website at www.nclabor.com. Additional rules for 16- and 17-year-olds are: No work between 11 p.m. and 5 a.m. when there is school the next day. Exception: When the employer gets written permission from the youth’s parents and principal. Additional rules for 14- and 15-year-olds are: Where work can be performed: Retail businesses, food service establishments, service stations and offices of other businesses.Work is not permitted in manufacturing, mining or construc- tion, or with power-driven machinery, or on the premises of a business holding an ABC permit for the on-premises sale or consumption of alcoholic beverages; except that youths at least 14 years of age can work on the outside grounds of the premises with written consent from a parent or guardian as long as the youth is not involved with the preparation, serving,dispensing or sale of alcoholic beverages. Maximum hours per day: Three on school days; eight if a non-school day. Maximum hours per week: 18 when school is in session; 40 when school is not in session. Hours of the day: May work only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day when school is not in session). Breaks: 30-minute breaks are required after any period of five consecutive hours of work. Additional rules for youths under 14 years old are: Work is generally not permitted except when working for the youth’s parents; in newspaper distribution to consumers; modeling; or acting in movie, television, radio or theater production. These state youth employment provisions do not apply to farm, domestic or government work.Wage PaymentWages are due on the regular payday. If requested, final pay- checks must be mailed. When the amount of wages is in dispute, the employer’s payment of the undisputed portion cannot restrict the right of the employee to continue a claim for the rest of the wages. Employees must be notified of paydays, pay rates, policies on vacation and sick leave, and of commission, bonus and other pay matters. Employers must notify employees in writing or through a posted notice maintained in a place accessible to its employees of any reduction in the rate of promised wages at least 24 hours prior to such change. Deductions from paychecks are limited to those required by law and those agreed to in writing on or before payday. If the written authorization that the employee signs does not specify a dollar amount, the employee must receive prior to payday (1) written notice of the actual amount to be deducted, (2) written notice of their right to withdraw the authorization, and (3) be given a reasonable opportunity to withdraw the authorization. The written authorization or written notice may be given in an electronic format, provided the requirements of the Uniform Electronic Transactions Act (Chapter 66, Article 40 of the N.C. General Statutes) are met.The withholding or diversion of wages owed for the employer’s benefit may not be taken if they reduce wages below the minimum wage. No reductions may be made to overtime wages owed.Deductions for cash or inventory shortages or for loss or damage to an employer’s property may not be taken unless the employee receives seven days’ advance notice. This seven-day rule does not apply to these deductions made at termination. An employer may not use fraud or duress to require employees to pay back protected amounts. If the employer provides vacation pay plans to employees, the employer shall give vacation time off or payment in lieu of time off, as required by company policy or practice. Employees must be notified in writing or through a posted notice of any company policy or practice that results in the loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture. The wage payment provisions apply to all private-sector employers doing business in North Carolina. The wage payment provisions do not apply to any federal, state or local agency or instrumentality of government.ComplaintsThe department’s Wage and Hour Bureau investigates com- plaints and collects back wages plus interest if they are due to the employee. The state of North Carolina may bring civil or criminal actions against the employer for violations of the law. The employee may also sue the employer for back wages. The court may award attorney’s fees, costs, liquidated damages and interest. Anyone having a question about the Wage and Hour Act may write or call: N.C. Department of Labor Wage and Hour Bureau 1101 Mail Service Center Raleigh, NC 27699 - 1101 Phone: 1 - 800 - 625 - 2267 or 919 - 807 - 2796 Fax: 888 - 733 - 9389 www.nclabor.comEmployment at Will—Right-to-Work LawsNorth Carolina is an employment-at-will state. The term“employment-at-will” simply means that unless there is a specificlaw to protect employees or there is an employment contract providing otherwise, then an employer can treat its employees as it sees fit and the employer can discharge an employee at the will of the employer for any reason or no reason at all. North Carolina is a “right-to-work” state, which means that the right of a person to work cannot be denied or abridged because that person belongs—or does not belong—to a labor union. In addition, an employer cannot require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to a labor union. Also, an employer cannot enter into an agreement with a labor union whereby (1) non-union members are denied the right to work for the employer, (2) membership is made a condition of employment or continuation of employment, or (3) the labor union acquires an employment monopoly in any enterprise. In addition, in CWA v. Beck, 487 U.S. 735 (1988), the U.S. Supreme Court stated that if a collective bargaining agreement between an employer and a labor union requires employees to pay uniform periodic dues and initiation fees, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration and grievance adjustment. Thus, if you believe that you have been required to pay dues or fees used in part to support activities not directly related to the duties of collective bargaining, you may be entitled to a refund and to an appropriatereduction in future payments.NCDOL does not have any enforcement authority of these laws, but if you have any questions, contact the Regional Office of the National Labor Relations Board (NLRB) at the following address and phone number: NLRB—Region 11 Office Republic Square 4035 University Parkway, Suite 200 Winston-Salem, NC 27106 - 3325 336 - 631 - 5201 Employment DiscriminationThe department’s Employment Discrimin ation Bureau (EDB) enforces the Retaliatory Employ ment Discrimination Act (REDA). Employees involved in the following activities are protected from retaliation or discrimination by their employer:•Workers’ Compensation Claims•Wage and Hour Complaints•Occupational Safety and Health Complaints•Mine Safety and Health Complaints•Genetic Testing•Sickle Cell or Hemoglobin Carriers•N.C. National Guard Service•The Juvenile Justice System•Victims of Domestic Violence•Pesticide Regulation Complaints Employers who have questions about the application of REDA, or employees who believe they have been discriminated or retal- iated against, should contact the EDB information officer: N.C. Department of Labor Employment Discrimination Bureau 1101 Mail Service Center Raleigh, NC 27699 - 1101 Phone: 1 - 800 - 625 - 2267 or 919 - 807 - 2831 Fax: 919 - 807 - 2824 www.nclabor.comAll complaints must be made within 180 days of the date of retaliation. \b \f \ To find out more information about this poster and to download all of the\ required state and federal posters, please visit our website at: www.nclabor.com/posters/posters.htmPrinted 12/1625,000 copies of this public document were printed at a cost of $3,000, \ or $.12 per copy. N.C. Department of Labor Wage and Hour Notice to Employees Copyright © 2016 by N.C. Department of Labor All photographs, graphics and illustrations are property of the N.C. Dep\ artment of Labor or are used by permission/license of their respective copyright holders. Safety and Health (OSHA)N.C. Department of Labor ResponsibilitiesThe state of North Carolina has a federally approved program to administer the Occupational Safety and Health Act (OSHA) in North Carolina. This program is administered by the N.C. Department of Labor, Occupational Safety and Health (OSH) Division.The OSH Division has the following responsibilities and powers:•Inspections—The OSH Division conducts workplace inspec-tions that can be triggered by complaints, accidents or because the workplace has been randomly selected for an inspection.•Citations—Following an inspection, the employer may becited for one or more violations of the OSHA standards. The employer will be given a timetable to correct the violation to avoid further action.•Penalties —An employer can be fined up to $7,000 for each “serious” violation. Serious violations that involve injury to a person under 18 years of age could result in fines up to $14,000 per violation. An additional maximum $7,000 penalty can be assessed for each day an employer fails to correct or abate a violation after the allotted time to do so has passed.A penalty of up to $70,000 may be issued for each willful or repeat violation of an OSHA standard. Criminal penalties of up to $10,000 may apply against employers who are found guilty of willfully violating anystandard, rule or regulation that has resulted in an employee’sdeath.•OSHA Standards —The division adopts all federally man- dated OSHA standards verbatim or can rewrite them to meet state conditions, as long as the new version is at least as strict as the federal standard. A copy of any specific standard adopted by the OSH Division is available free of charge. The entire “General Industry” or “Construction Industry” standards are available for a nominal cost by calling 1- 800 - 625 - 2267 or 919 - 807 - 2875. Employer Rights and ResponsibilitiesPublic and private sector employers have a “general duty” to provide their employees with workplaces that are free of recog- nized hazards likely to cause serious injury or death. Employersmust comply with the OSHA safety and health standards adoptedby the Labor Department.•Inspections—An employer has the legal right to refuse to allow an inspector to enter the workplace without an adminis- trative inspection warrant. If this occurs, the inspector will obtain a warrant to conduct the inspection. The employer has the right to accompany the inspector during the physical inspection.•Discrimination—It is illegal to retaliate in any way against anemployee for raising a health or safety concern, filing a complaint, reporting a work-related injury or illness, or assisting an inspector. The department will investigate and may prosecute employers who take such action.•Citations—If an OSH inspection results in one or more cita-tions, the employer is required to promptly and prominently display the citation(s) at or near the place where the violation allegedly occurred. It must remain posted for three working days or until the violation has been corrected or abated, whichever is longer.•Contesting Penalties—Once an employer has been cited, heor she may request an “informal conference” with OSH offi- cials to discuss the penalty, abatement or other issues related to the citation. This request must be made within 15 working days after the citation is received. The employer may formally contest (by filing a “Notice of Contest”) the citation(s) or proposed penalty to the N.C. Occupational Safety and Health Review Commission. The Review Commission is an independent body that hears anddecides contestments by employers and employees concerningcitations, abatement periods and penalties.Employers wishing to know more about the procedures for filing a “Notice of Contest” should contact the Review Commission. Telephone: 919- 733 - 3589. Website: www.oshrb.state.nc.us . •Injury and Illness Records —Employers with 11 or more employees, unless specifically exempted, are required to maintain updated occupational injury and illness records of their employees. Recordkeeping forms and information con- cerning these requirements may be obtained from the Education, Training and Technical Assistance Bureau, N.C. Department of Labor. Call 1- 800 - 625 - 2267 or 919 - 807 - 2875.•Accident and Fatality Reporting —An employer must report the following: Within eight hours: Any work-related fatality. Within 24 hours:•Any work-related in-patient hospitalization of one or more employees.•Any work-related amputation.•Any work-related loss of an eye. To report an accident, call the OSH Division at 1- 800 - 625 - 2267 or 919 - 779 - 8560. Employee Rights and ResponsibilitiesPublic and private sector employees must comply with occupa- tional safety and health standards, rules, regulations, and those orders issued under OSHA that relate to their own actions and conduct.•Complaints—An employee has a right to make a complaint regarding workplace conditions he or she believes are unsafe, unhealthy or in violation of OSHA standards. When an OSH inspector is in an employee’s workplace, that employee has a right to point out unsafe or unhealthy conditions and to freely answer any questions asked by the inspector. When making a complaint, the employee may request that his or her name be kept confidential. To make a complaint, call 1 - 800 - 625 - 2267 or 919 - 779 - 8560. Complaints also can be made online at www.nclabor.com.•Contesting Abatement —Employees may contest any abate- ment period set as a result of an OSH inspection at their workplace. An employee has the right to appear before the Review Commission to contest the abatement period and seek judicial review. Other OSHA Information •Federal Monitoring —The OSH Division is monitored by the U.S. Department of Labor. Federal authorities ensure that con- tinued state administration is merited. Any person who has a complaint about the state’s administration of OSHA may con- tact the Regional Office of the U.S. Department of Labor, 61 Forsyth St. S.W., Suite 6T50, Atlanta, GA 30303.•Additional Information or Questions—Anyone having a question about any of the above information may write or call: N.C. Department of Labor Occupational Safety and Health Division 1101 Mail Service Center Raleigh, NC 27699 - 1101 Phone: 1 - 800 - 625 - 2267 or 919 - 807 - 2796 Fax: 919 - 807 - 2856 E-mail: [email protected] www.nclabor.com Wage and Hour Notice to Employees and OSH Notice to Employees must be pos\ ted together. OSH Notice to Employees This notice must be posted conspicuously. This poster is available free of charge to all North Carolina workplaces. Call 1 - 800 - 625 - 2267 or 919 - 807 - 2875 or order online. Printed 12/1625,000 copies of this public document were printed at a cost of $3,000, \ or $.12 per copy. Unemployment InsuranceNCDOL does not handle matters relating to unemploy- ment insurance. If you would like information about unemployment insurance policies or procedures, please contact the Department of Commerce, Division of Employment Security, P.O. Box 25903, Raleigh, NC 27611 - 5903, 1 - 888 - 737 - 0259; www.ncesc.com. N.C. Workers’ Compensation Notice to Injured Workers and Employers (Form 17)NCDOL does not handle matters relating to workers’ compensation. If you would like information about workers’ compensation policies or procedures, please contact the N.C. Industrial Commission at\ N.C. Industrial Commission, 4340 Mail Service Center, Raleigh, NC 27699 - 4340; 919 - 807 - 2500; www.ic.nc.gov. Form 17 must be prominently posted and must be printed in the same colors and format that appear on the Industrial Commission website. To download and print the current version of Form 17, visit www.ic.nc.gov. 1 - 800 - NC - LABOR ( 1 - 800 - 625 - 2267 ) www.nclabor. com Cherie Berry Commissioner of Labor Follow NCDOL on Copyright © 2016 by N.C. Department of Labor All photographs, graphics and illustrations are property of the N.C. Department of Labor or are used by permission/license of their respective copyright holders.
Other North Carolina Labor Law Posters 5 PDFS
There are an additional five optional and mandatory North Carolina labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
|Poster Name||Poster Type|
|Mandatory Informacion sobre Compensacion Laboral||Workers Compensation Law|
|Mandatory N.C. Workers' Compensation Notice to Injured Workers and Employers||Workers Compensation Law|
|Mandatory Unemployment Insurance Poster||Unemployment Law|
|Mandatory Unemployment Insurance Poster (Spanish)||Unemployment Law|
|Mandatory N.C. Labor Laws Poster||General Labor Law Poster|
While we do our best to keep our list of North Carolina labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.