North Carolina N.C. Labor Laws Poster Mandatory

N.C. Department of Labor	
Wage and Hour Notice to Employees	
Wage and Hour Act
Minimum 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  effective  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  to  make  up  the  difference 
between the wages paid and the minimum wage. Employees must be 	 	
allowed  to  keep  all  tips,  except  that  pooling  is  permitted  if  no  employee’s 
tips  are  reduced  more  than  15%.  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% of the minimum wage, rounded 
to the lowest nickel.
Overtime
Time and one-half must be paid to all employees after 40 hours of work in any one 
workweek  with  some  exceptions. The  state  overtime  provisions  specifically  do 
not apply to certain types of employees and do not apply to employees classified 
as exempt under the FLSA. Exemptions may be found in NCGS § 95-25.14.
Youth Employment
Rules for all youths under 18 years old are:	 Youth employment 	 	
certificates  are  required.  To  obtain  a  YEC,  please  visit  our  website  at 	 	
www.labor.nc.gov	.	
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  woodworking 
machines;  work  as  an  electrician  or  electrician’s  helper;  or  work  from  any 
height  above  10  feet,  including  the  use  of  ladders  and  scaffolds.  Certain 
exemptions apply for Supervised Practice Youth Internships. For a complete 
list of prohibited jobs, please visit our website at 	www.labor.nc.gov	.	
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  construction,  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 Payment
Wages are due on the regular payday. If requested in writing, final paychecks 
must be sent by trackable mail. 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  in  writing  of  paydays,  pay  rates,  policies  on 
vacation and sick leave, and of commission, bonus and other pay matters. 	 	
Employers must notify employees in writing of any reduction in the rate \
of 
promised wages at least one pay period 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  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.	
Complaints
The  department’s  Wage  and  Hour  Bureau  investigates  complaints  and  
may  collect  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 call:	
1-800	-NC	-LABOR 	(1	-800	-625	-2267)	
Employee Classification
Any worker who is defined as an employee by the N.C. Wage and Hour Act 
(N.C.  Gen  Stat.  95-25.2(4)),  the  N.C.  Employee  Fair  Classification Act,  the 
Internal  Revenue  Code  as  adopted  under  N.C.  Employment  Security  laws 
(N.C.  Gen.  Stat.  96-1(b)(10)),  the  N.C.  Workers’  Compensation  Act  (N.C. 
Gen. Stat. 97-2(2)), or the N.C. Revenue Act (N.C. Gen. Stat. 105-163.1(4)) 
shall be treated as an employee.   
Any  employee  who  believes  that  he  or  she  has  been  misclassified  as  an 
independent contractor by his or her employer may report the suspected 
misclassification to the N.C. Industrial Commission’s Employee Classification 
Section by phone, email or fax. When filing a complaint, please provide the 
physical location, mailing address, and if available, the telephone number and 
email address for the employer suspected of employee misclassification:	
Employee Classification Section
N.C. Industrial Commission
1233 Mail Service Center
Raleigh, NC 27699	-4333	
Email: [email protected]
Phone: 919	-807	-2582	
Fax: 919	-715	-0282	
Employment at Will
North Carolina is an employment-at-will state. The term “employment-at-
will” simply means that unless there is a specific law to protect employees or 
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.
Right-to-Work Laws
North Carolina is a “right-to-work” state. Right-to-work applies to collective 
bargaining  or  labor  unions.  The  right  of  persons  to  work  cannot  be  denied 
or reduced in any way because they are either members of a labor union 
(including  labor  organization  or  labor  association)  or  chose  not  to  be  a 
member of any such labor union. An employer cannot require any person, as 
a condition of employment or continuation of employment, to pay any dues 
or other fees 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.	
NCDOL has no enforcement authority regarding labor union laws. For employee 
concerns  regarding  labor  unions,  contact  the  Regional  Office  of  the  National 
Labor  Relations  Board.  The  NLRB  is  an  independent  federal  agency  that 
protects the rights of private sector employees to join together, with or without a 
union, to improve their wages and working conditions. Regional office contact:	
NLRB—Region 11 Office
Republic Square
4035 University Parkway, Suite 200
Winston-Salem, NC 27106	-3325	
336	-631	-5201	
Retaliatory Employment
Discrimination
The department’s Retaliatory Employment Discrimination Bureau investigates 
complaints filed by employees against their employers for alleged violations of 
the N.C. Retaliatory Employment Discrimination Act (REDA).  Under REDA, 
an  employer  may  not  retaliate  against  an  employee  for  engaging  in  REDA-
protected  activities,  such  as  filing  a  claim  or  initiating  an  inquiry,  related  to 
certain rights under the following:
 •	 Workers’ Compensation Claims 	
 •	 Wage and Hour Complaints	
 •	 Occupational Safety and Health Complaints	
 •	 Mine Safety and Health Complaints	
 •	 Genetic Testing Discrimination 	
 •	 Sickle Cell or Hemoglobin C Carriers Discrimination	
 •	 N.C. National Guard Service Discrimination 	
 •	 Participation in the Juvenile Justice System	
 •	 Exercising Rights Under Domestic Violence Laws 	
 •	 Pesticide Regulation Complaints	
 •	 Drug Paraphernalia Complaints	
Employees who believe they have been retaliated against in their employment 
because of activities under the above statutes, or employers who have questions 
about the application of REDA, may call:	
1-800	-NC	-LABOR 	(1	-800	-625	-2267)	
A REDA complaint must be filed with the bureau within 180 days of the date of retaliation.	
www.labor.nc.gov	
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Copyright © 2017 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.	
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.labor.nc.gov/labor-law-posters	
Printed 10/2125,000 copies of this public document were printed at a cost of $7,409.00, or $.30 per copy.

Wage and Hour Notice to Employees and OSH Notice to Employees must be pos\
ted together.	
OSH Notice to Employees	
Safety and Health
N.C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program 
to administer the Occupational Safety and Health Act 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 inspections	 	
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 be 	
cited 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 any standard, rule 
or regulation that has resulted in an employee’s death.	
• OSHA Standards	—The division adopts all federally mandated	 	
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	-707	-7876	.	
Employer Rights and Responsibilities
Public 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. Employers 
must comply with the OSHA safety and health standards adopted 
by the Labor Department.
• Inspections	—An employer has the legal right to refuse to 	
allow an inspector to enter the workplace without an admin	-	
istrative 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 	
an  employee  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 citations, 	
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, he or 	
she  may  request  an  “informal  conference”  with  OSH  officials 
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 and 
decides contestments by employers and employees concerning 
citations, 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 	 	
concerning 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	-707	-7876	.	
• 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 Responsibilities
Public and private sector employees must comply with occupational 
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.labor.nc.gov	.	
• 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 
continued state administration is merited. Any person who 
has a complaint about the state’s administration of OSHA 
may  contact  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	
Fax: 919	-707	-7964	
E-mail: [email protected]
www.labor.nc.gov	
Unemployment Insurance
NCDOL does not handle matters relating to unemployment 	 	
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.	
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	-707	-7876 	 	
or order online.	
1	-800	-NC	-LABOR	
(1	-800	-625	-2267)	
www.labor.n    c.gov	
Copyright © 2017 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.	
Printed 1/2125,000 copies of this public document were printed at a cost of $3,750, or $.15 per copy.	
Follow 	NCDOL	 on	
Josh Dobson	
Commissioner of Labor