reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 2A - Wage and Hour Act. › § 95-25.23B - Civil penalty collection.

§ 95-25.23B. Civil penalty collection.
The Commissioner may file in the office of the clerk of the superior court of any county a certified copy of an assessment, either unappealed from or affirmed in whole or in part upon appeal, of a civil money penalty under G.S. 95-25.23 or G.S. 95-25.23A. Upon such filing, the clerk shall enter judgment in accordance with the unappealed or affirmed portion of the assessment and shall notify the parties. Such judgment shall have the same effect, and all proceedings in relation to the judgment shall thereafter be the same, as though the judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice. (1993, c. 225, s. 3.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 2A - Wage and Hour Act. › § 95-25.24 - Restraint of violations.

§ 95-25.24. Restraint of violations.
The General Court of Justice has jurisdiction and authority upon application of the Commissioner to enjoin or restrain violations of this Article, including the restraint of any withholding of payment of unpaid wages, minimum wages, or overtime compensation found by the court to be due to employees under this Article (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the applicable statute of limitations). (1979, c. 839, s. 1; 1991, c. 330, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 2A - Wage and Hour Act. › § 95-25.24A - Franchisee status.

§ 95-25.24A. Franchisee status.
Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purposes, including, but not limited to, this Article and Chapters 96, 97, and 105 of the General Statutes. For purposes of this section, "franchisee" and "franchisor" have the same definitions as set out in 16 C.F.R. § 436.1. (2017-10, s. 1.1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 2A - Wage and Hour Act. › § 95-25.25 - Construction of Article and severability.

§ 95-25.25. Construction of Article and severability.
This Article shall receive a liberal construction to the end that the welfare of adult and minor workers may be protected. If any provisions of this Article or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect the provisions or application of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (1979, c. 839, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 3 - Various Regulations. › § 95-28.1 - Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited.

§ 95-28.1. Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited.
No person, firm, corporation, unincorporated association, State agency, unit of local government or any public or private entity shall deny or refuse employment to any person or discharge any person from employment on account of the fact such person possesses sickle cell trait or hemoglobin C trait. The term "sickle cell trait" is defined as the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin S or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests. The term "hemoglobin C trait" is defined as the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests, provided, however, that this section shall not be construed to give employment, promotion, or layoff preference to persons who possess the above traits, or to prevent such persons being discharged for cause. (1975, c. 463, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 3 - Various Regulations. › § 95-28.1A - Discrimination against persons based on genetic testing or genetic information prohibited.

§ 95-28.1A. Discrimination against persons based on genetic testing or genetic information prohibited.
(a) No person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment on account of the person's having requested genetic testing or counseling services, or on the basis of genetic information obtained concerning the person or a member of the person's family. This section shall not be construed to prevent the person from being discharged for cause.
(b) As used in this section, the term "genetic test" means a test for determining the presence or absence of genetic characteristics in an individual or a member of the individual's family in order to diagnose a genetic condition or characteristic or ascertain susceptibility to a genetic condition. The term "genetic characteristic" means any scientifically or medically identifiable genes or chromosomes, or alterations or products thereof, which are known individually or in combination with other characteristics to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which are asymptomatic of any disease or disorder. The term "genetic information" means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member. (1997-350, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 3 - Various Regulations. › § 95-28.3 - Leave for parent involvement in schools.

§ 95-28.3. Leave for parent involvement in schools.
(a) It is the belief of the General Assembly that parent involvement is an essential component of school success and positive student outcomes. Therefore, employers shall grant four hours per year leave to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at that child's school. However, any leave under this section is subject to the following conditions:
(1) The leave shall be at a mutually agreed upon time between the employer and the employee.
(2) The employer may require an employee to provide the employer with a written request for the leave at least 48 hours before the time desired for the leave.
(3) The employer may require that the employee furnish written verification from the child's school that the employee attended or was otherwise involved at that school during the time of the leave.
For the purpose of this section, "school" means any (i) public school, (ii) private church school, church of religious charter, or nonpublic school described in Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes that regularly provides a course of grade school instruction, (iii) preschool, and (iv) child care facility as defined in G.S. 110-86(3).
(b) Employers shall not discharge, demote, or otherwise take an adverse employment action against an employee who requests or takes leave under this section. Nothing in this section shall require an employer to pay an employee for leave taken under this section.
(c) An employee who is demoted or discharged or who has had an adverse employment action taken against him or her in violation of this section may bring a civil action within one year from the date of the alleged violation against the employer who violates this section and obtain either of the following:
(1) Any wages or benefits lost as a result of the violation; or
(2) An order of reinstatement without loss of position, seniority, wages, or benefits.
The burden of proof shall be upon the employee. (1993, c. 509, s. 1; 1997-506, s. 34.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 3 - Various Regulations. › § 95-28.4 - Veterans preference.

§ 95-28.4. Veterans preference.
A private, nonpublic employer in the State may provide a preference to a veteran for employment. Spouses of honorably discharged veterans who have a service-connected permanent and total disability also may be preferred for employment. Granting of this preference is not a violation of any State or local equal employment opportunity law. (2013-413, s. 14.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 3 - Various Regulations. › § 95-31 - Acceptance by employer of assignment of wages.

§ 95-31. Acceptance by employer of assignment of wages.
No employer of labor shall be responsible for any assignment of wages to be earned in the future, executed by an employee, unless and until such assignment of wages is accepted by the employer in a written agreement to pay same. (1935, c. 410; 1937, c. 90.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4 - Conciliation Service and Mediation of Labor Disputes. › § 95-32 - Declaration of policy.

§ 95-32. Declaration of policy.
It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes; that strikes and lockouts and other forms of industrial strife, regardless of where the merits of the controversy lie, are forces productive ultimately of economic waste; that the interests and rights of the consumers and the people of the State, while not direct parties thereto, should always be considered, respected and protected; and that the conciliation and voluntary mediation of such disputes under the guidance and supervision of a governmental agency will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the State. To carry out such policy, the necessity for the enactment of the provisions of this Article is hereby declared as a matter of legislative determination. (1941, c. 362, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4 - Conciliation Service and Mediation of Labor Disputes. › § 95-35 - Conciliation service established; personnel; removal; compensation.

§ 95-35. Conciliation service established; personnel; removal; compensation.
There is hereby established in the Department of Labor a conciliation service. The Commissioner of Labor may appoint such employees as may be required for the consummation of the work under this Article, prescribe their duties and fix their compensation, subject to existing laws applicable to the appointment and compensation of employees of the State of North Carolina. Any member of or employee in the conciliation service may be removed from office by the Commissioner of Labor, acting in his discretion. (1941, c. 362, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4 - Conciliation Service and Mediation of Labor Disputes. › § 95-36 - Powers and duties of Commissioner and conciliator.

§ 95-36. Powers and duties of Commissioner and conciliator.
Upon his own motion in an existent or imminent labor dispute, the Commissioner of Labor may, and, upon the direction of the Governor, must order a conciliator to take such steps as seem expedient to effect a voluntary, amicable and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in or threaten to precipitate or culminate in such labor dispute.
The conciliator shall promptly put himself in communication with the parties to such controversy, and shall use his best efforts, by mediation, to bring them to agreement.
The Commissioner of Labor, any conciliator or conciliators and all other employees of the Commissioner of Labor engaged in the enforcement and duties prescribed by this Article, shall not be compelled to disclose to any administrative or judicial tribunal any information relating to, or acquired in the course of their official activities under the provisions of this Article, nor shall any reports, minutes, written communications, or other documents or copies of documents of the Commissioner of Labor and the above employees pertaining to such information be subject to subpoena: Provided, that the Commissioner of Labor, any conciliator or conciliators and all other employees of the Commissioner of Labor engaged in the enforcement of this Article, may be required to testify fully in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry. (1941, c. 362, s. 5; 1949, c. 673.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.1 - Declaration of policy.

§ 95-36.1. Declaration of policy.
It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the prompt settlement of labor disputes; that strikes and lockouts and other forms of industrial strife, regardless of where the merits of the controversy lie, are forces productive ultimately of economic waste; that the interests and rights of the consumers and the people of the State, while not direct parties to such disputes, should always be considered, respected and protected; and, where efforts at amicable settlement have been unsuccessful, that the voluntary arbitration of such disputes will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the State. To carry out such policies, the necessity for the enactment of the provisions of this Article is hereby declared as a matter of legislative determination. (1945, c. 1045, s. 1; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.2 - Scope of Article.

§ 95-36.2. Scope of Article.
The provisions of this Article shall apply only to voluntary agreements to arbitrate labor disputes including, but not restricted to, all controversies between employers, employees and their respective bargaining representatives, or any of them, relating to wages, hours, and other conditions of employment. (1945, c. 1045, s. 2; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.3 - Administration of Article.

§ 95-36.3. Administration of Article.
(a) The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina.
(b) There is hereby established in the Department of Labor an arbitration service. The Commissioner of Labor may appoint such employees as may be required for the consummation of the work under this Article, prescribe their duties and fix their compensation, subject to existing laws applicable to the appointment and compensation of employees of the State of North Carolina. Any member of or employee in the arbitration service may be removed from office by the Commissioner of Labor, acting in his discretion.
(c) The Commissioner of Labor, with the written approval of the Attorney General as to legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance with this Article: Provided, however, that such rules shall be inapplicable to the extent that they are inconsistent with the arbitration agreement of the parties. (1945, c. 1045, s. 3; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.4 - Voluntary arbitrators.

§ 95-36.4. Voluntary arbitrators.
(a) It shall be the duty of the Commissioner of Labor to maintain a list of qualified and public-spirited citizens who will serve as arbitrators. All appointments of a single arbitrator or member of an arbitration panel by the Commissioner of Labor shall be made from the list of qualified arbitrators maintained by him.
(b) No person named by the Commissioner of Labor to act as an arbitrator in a dispute shall be qualified to serve as such arbitrator if such person has any financial or other interest in the company or labor organization involved in the dispute. (1945, c. 1045, s. 4; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.5 - Fees and expenses.

§ 95-36.5. Fees and expenses.
(a) All the costs of any arbitration proceeding under this Article, including the fees and expenses of the arbitrator or arbitration panel, shall be paid by the parties to the proceeding in accordance with any agreement between them. In the absence of such an agreement, the award in the proceeding shall normally require the payment of such fees, expenses and other proper costs by one or more of the parties: Provided, that if the Commissioner of Labor deems that the public interest so requires, he may provide for the payment to any arbitrator appointed by him of per diem compensation at the rate established by the Commissioner, and actual travel and other necessary expenses incurred while performing duties arising under this Article.
(b) In cases where an arbitrator has been appointed by the Commissioner, the Department of Labor may furnish necessary stenographic, clerical and technical service and assistance to the arbitrator or arbitration panel.
(c) Expenditures of public funds authorized under this section shall be paid from funds appropriated for the administration of this Article. (1945, c. 1045, s. 5; 1947, c. 379, ss. 1-3; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.6 - Appointment of arbitrators.

§ 95-36.6. Appointment of arbitrators.
The parties may by agreement determine the method of appointment of the arbitrator or arbitration panel. If the parties have agreed upon arbitration under this Article and have not otherwise agreed upon the number of arbitrators or the method for their appointment, the controversy shall be heard and decided by a single arbitrator designated in such manner as the Commissioner of Labor shall determine. Any person or agency selected by agreement or otherwise to appoint an arbitrator or arbitrators shall send by registered mail to each of the parties to the proposed proceeding notice of the demand for arbitration. The arbitrator or arbitration panel, as the case may be, shall have such powers and duties as are conferred by the voluntary agreement of the parties, and, if there is no agreement to the contrary, shall have power to decide the arbitrability as well as the merits of the dispute. (1945, c. 1045, s. 5; 1947, c. 379, ss. 1-3; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.7 - Arbitration procedure.

§ 95-36.7. Arbitration procedure.
Upon the selection or appointment of an arbitrator or arbitration panel in any labor dispute, a statement of the issues or questions in dispute shall be submitted to said arbitrator or panel in writing, signed by one or more of the parties or their authorized agents. The arbitrator or panel shall appoint a time and place for the hearing, and notify the parties thereof, and may postpone or adjourn the hearing from time to time as may be necessary, subject to any time limits which are agreed upon by the parties. If any party neglects to appear before the arbitrator or panel after reasonable notice, the arbitrator or panel may nevertheless proceed to hear and determine the controversy. Unless the parties have otherwise agreed, the findings and decision of a majority of an arbitration panel shall constitute the award of the panel and, if a majority vote of the panel cannot be obtained, then the findings and decision of the impartial chairman of the panel shall constitute such award. To be enforceable, the award shall be handed down within 60 days after the written statement of the issues or questions in dispute has been received by the arbitrator or panel, or within such further time as may be agreed to by the parties. (1945, c. 1045, s. 5; 1947, c. 379, ss. 1-3; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.8 - Enforcement of arbitration agreement and award.

§ 95-36.8. Enforcement of arbitration agreement and award.
(a) Written agreements to arbitrate labor disputes, including but not restricted to controversies relating to wages, hours and other conditions of employment, shall be valid, enforceable and irrevocable, except upon such grounds as exist in law or equity for the rescission or revocation of any contract, in either of the following cases:
(1) Where there is a provision in a collective bargaining agreement or any other contract, hereafter made or extended, for the settlement by arbitration of a controversy or controversies thereafter arising between the parties;
(2) Where there is an agreement to submit to arbitration a controversy or controversies already existing between the parties.
(b) Any arbitration award, made pursuant to an agreement of the parties described in subsection (a) of this section and in accordance with this Article, shall be final and binding upon the parties to the arbitration proceedings. (1945, c. 1045, s. 5; 1947, c. 379, ss. 1-3; 1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 4A - Voluntary Arbitration of Labor Disputes. › § 95-36.9 - Stay of proceedings.

§ 95-36.9. Stay of proceedings.
(a) If any action or proceeding be brought in any court upon any issue referable to arbitration under an agreement described in subsection (a) of G.S. 95-36.8, the court where the action or proceeding is pending or a judge of the superior court having jurisdiction in any county where the dispute arose shall stay the action or proceeding, except for any temporary relief which may be appropriate pending the arbitration award, until such arbitration has been had in accordance with the terms of the agreement. The application for stay may be made by motion in writing of a party to the agreement, but such motion must be made before answer or demurrer to the pleading by which the action or proceeding was begun.
(b) Any party against whom arbitration proceedings have been initiated may, within 10 days after receiving written notice of the issue or questions to be passed upon at the arbitration hearing, apply to any judge of the superior court having jurisdiction in any county where the dispute arose for a stay of the arbitration upon the ground that he has not agreed to the arbitration of the controversy involved. Any such application shall be made in writing and heard in a summary way in the manner and upon the notice provided by law or rules of court for the making and hearing of motions generally, except that it shall be entitled to priority in the interest of prompt disposition. If no such application is made within said 10-day period, a party against whom arbitration proceedings have been initiated cannot raise the issue of arbitrability except before the arbitrator and in proceedings subsequent to the award.
(c) Any party against whom an arbitration award has been issued may, within 10 days after receiving written notice of such award, apply to any judge of the superior court having jurisdiction in any county where the dispute arose for a stay of the award upon the ground that it exceeds the authority conferred by the arbitration agreement. Any such application shall be made in writing and heard in a summary way in the manner and upon the notice provided by law or rules of court for the making and hearing of motions generally, except that it shall be entitled to priority in the interest of prompt disposition. If no such application is made within said 10-day period, a party against whom arbitration proceedings have been initiated cannot raise the issue of arbitrability except before the arbitrator or arbitrators, or in proceedings to enforce the award. Any failure to abide by an award shall not constitute a breach of the contract to arbitrate, pending disposition of a timely application for stay of the award pursuant to this paragraph. (1951, c. 1103, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5 - Regulation of Employment Agencies. › §§ 95-37 through 95-47. Recodified as §§ 95-47.1 to 95-47.13.

Article 5.
Regulation of Employment Agencies.
§§ 95-37 through 95-47. Recodified as §§ 95-47.1 to 95-47.13.
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.3 - Fees and contracts; filing with Commissioner.

§ 95-47.3. Fees and contracts; filing with Commissioner.
(a) Every license applicant shall file with the Commissioner a schedule of fees or charges made by the private personnel service to applicants for employment for any services rendered, stating clearly the conditions under which the private personnel service refunds or does not refund a fee, together with all rules or regulations that may in any manner affect the fees charged or to be charged for any service. Every license applicant and licensee shall include in its schedule of fees or charges a clear description of how it determines fees for placement of employment, the compensation of which is based, in whole or in part, on commission. Changes in the schedule may be made, but no change shall become effective until seven calendar days after the filing thereof with the Commissioner. It is unlawful for a private personnel service to charge, demand, collect or receive a greater compensation from an applicant for employment for any service performed than as specified in the schedule filed with the Commissioner.
(b) Every license applicant shall file with the Commissioner a copy of the contract which the private personnel service will require applicants for employment to execute. (1979, c. 780, s. 1; 1991 (Reg. Sess., 1992), c. 970, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.5 - Records.

§ 95-47.5. Records.
Every private personnel service shall maintain for a period of two years, the following records:
(1) Job orders or job specifications.
(2) Executed applicant contracts.
(3) Information on all placements made, including the employer's name and address; name and address of applicant placed; salary of the position; amount of fee charged; and refunds, where applicable. (1929, c. 178, s. 4; 1931, c. 312, s. 3; 1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.6 - Prohibited acts.

§ 95-47.6. Prohibited acts.
A private personnel service shall not engage in any of the following activities or conduct:
(1) Induce or attempt to induce any employee placed by that private personnel service to terminate his employment in order to obtain other employment through the private personnel service; or procure or attempt to procure the discharge of any person from his employment.
(2) Publish or cause to be published any false or fraudulent information, representation, promise, notice or advertisement.
(3) Advertise in newspapers or otherwise, unless the advertising contains the name of the private personnel service and the word "personnel service."
(4) Direct an applicant to visit or call upon an employer for the purpose of obtaining employment without having first obtained a job order or authorization from the employer for the interview. A private personnel service may attempt to sell the services of an applicant to an employer from whom no job order has been received and may charge a fee if the efforts result in the applicant's being employed.
(5) Send or cause to be sent any person to any employer where the private personnel service knows that the prospective employment is or would be in violation of State or federal laws governing minimum wages or child labor, or has been notified that a labor dispute is in progress, without notifying the applicant of that fact, or knowingly arrange an interview for an employment or occupation prohibited by law.
(6) Send or cause to be sent any person to any place which the private personnel service knows is maintained for immoral or illicit purposes.
(7) Divide or share, either directly or indirectly, the fees collected by the private personnel service, with contractors, sub-contractors, employers or their agents, foremen or anyone in their employ, or if the contractors, sub-contractors or employers be a corporation, any of the officers, directors or employees of the corporation to whom applicants for employment are sent.
(8) Make, cause to be made, or use any name, sign or advertising device bearing a name which is similar to or may reasonably be confused with the name of a federal, State, city, county or other governmental unit or agency.
(9) Knowingly make any false or misleading promise or representation or give any false or misleading information to any applicant or employer in regard to any employment, work or position, its nature, location, duration, compensation or the circumstances surrounding any employment, work or position including the availability thereof.
(10) Accept a registration fee from an applicant.
(11) Impose or attempt to collect any fee from any applicant unless that applicant accepts employment with an employer to which the applicant was directly or indirectly introduced by the private personnel service.
(12) A fee may be charged for resume writing provided the private personnel service does not require the applicant to become obligated for any other services. (1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.10 - Power of Commissioner to seek injunction.

§ 95-47.10. Power of Commissioner to seek injunction.
The Commissioner may apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto, and such courts are empowered to grant such injunctions regardless of whether criminal prosecution or other action has been or may be instituted as a result of such violation. A single act of unauthorized or illegal practice shall be sufficient, if shown, to invoke the injunctive relief of this section or criminal or civil penalties under G.S. 95-47.9(e). (1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.11 - Government employment agencies unaffected.

§ 95-47.11. Government employment agencies unaffected.
This Article shall not in any manner affect or apply to the State of North Carolina, the government of the United States, or to any city, county or town, or any agency of any of those governments. (1929, c. 178, s. 10; 1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.12 - License taxes placed upon agencies not affected.

§ 95-47.12. License taxes placed upon agencies not affected.
This Article is not intended to conflict with or affect any license tax placed upon private personnel services by the revenue laws of North Carolina, but instead shall be construed as supplementary thereto in exercising the police powers of the State. (1929, c. 178, s. 11; 1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.13 - Severability.

§ 95-47.13. Severability.
If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Article are severable. (1929, c. 178, s. 9; 1979, c. 780, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.14 - Notification requirement.

§ 95-47.14. Notification requirement.
Any temporary help service as described in G.S. 95-47.1(16)c. that operates in North Carolina shall notify the Department of Labor in writing that the temporary help service:
(1) Operates only as a temporary help service;
(2) Establishes an employer-employee relationship with its temporaries;
(3) Does not operate as a private personnel service or an employer fee paid personnel consulting service. (1989, c. 414, s. 3.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 5A - Regulation of Private Personnel Services. › § 95-47.15 - Certification requirement.

§ 95-47.15. Certification requirement.
Any employer fee paid personnel consulting service or temporary help service, as the two terms are described in G.S. 95-47.1(16)f., that operates in North Carolina shall certify annually to the Department of Labor on a form prescribed by the Commissioner that the service:
(1) Operates on a one hundred percent (100%) employer fee paid basis;
(2) Requires no applicant placement contract; and
(3) Has no recourse against an applicant for a fee under any circumstances. (1989, c. 414, s. 3.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.8 - Short title.

§ 95-69.8. Short title.
This Article shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina. (1975, c. 895, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.9 - Definitions.

§ 95-69.9. Definitions.
(a) Repealed by Session Laws 2015-221, s. 2.7, effective August 18, 2015.
(b) The term "boiler" shall mean a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum by the direct or indirect application of heat. The term "boiler" shall also include fired units for heating or vaporizing liquids other than water where these units are complete within themselves.
(b1) The term "Chief Inspector" shall mean the individual appointed by the Commissioner to hold the office of Chief of the Boiler Safety Bureau within the Department of Labor. The Chief Inspector serves as the North Carolina member on the National Board of Boiler and Pressure Vessel Inspectors.
(c) The term "Commissioner" shall mean the North Carolina Commissioner of Labor.
(d) Repealed by Session Laws 2005-453, s. 1.
(d1) The term "Deputy Inspector" shall mean any Boiler and Pressure Vessel Inspector who is employed by the Department of Labor and is subordinate to the Chief Inspector.
(e) The term "inspection certificate" or "certificate of inspection" shall mean certification by the Chief Inspector that a boiler or pressure vessel is in compliance with the rules and regulations adopted under this Article.
(f) The term "inspector's commission" shall mean a written authorization by the Commissioner for a person who has met the qualifications set out in this Article to conduct inspections of boilers and pressure vessels.
(f1) The term "National Board" shall mean the National Board of Boiler and Pressure Vessel Inspectors.
(f2) The term "person" shall mean any individual, association, partnership, firm, corporation, private organization, or the State of North Carolina or any political subdivision of the State or any unit of local government.
(g) The term "pressure vessel" shall mean a vessel in which the pressure is obtained from an indirect source or by the application of heat from an indirect source or a direct source, other than those included within the term "boiler". (1975, c. 895, s. 2; 1993, c. 351, s. 1; 2005-453, s. 1; 2015-221, s. 2.7.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.12 - Boiler Safety Bureau established.

§ 95-69.12. Boiler Safety Bureau established.
There is established a Boiler Safety Bureau within the Department of Labor. The Commissioner shall appoint a Chief Inspector of the Boiler Safety Bureau and any other employees that the Commissioner deems necessary to assist the Chief Inspector in administering the provisions of this Article and the rules adopted under this Article. (1975, c. 895, s. 5; 1981 (Reg. Sess., 1982), c. 1187, ss. 2, 3; 2005-453, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.14 - Rules and regulations governing the construction, operation and use of boilers and pressure vessels.

§ 95-69.14. Rules and regulations governing the construction, operation and use of boilers and pressure vessels.
The Commissioner may adopt, modify, or revoke any rules and regulations governing the construction, installation, repair, alteration, inspection, use, and operation of boilers and pressure vessels as the Commissioner deems appropriate to insure the safe operation and avoidance of injury to person or property from boilers and pressure vessels. The rules and regulations will conform as nearly as possible to the standards of the American Society of Mechanical Engineers and the amendments and interpretations of those engineering standards.
The procedure for the adoption, modification, or revocation of the rules and regulations shall be in accordance with Chapter 150B of the General Statutes, the Administrative Procedure Act. (1975, c. 895, s. 7; 1985, c. 620, s. 4; 1987, c. 827, s. 1; 2005-453, s. 6; 2015-221, s. 2.8.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.15 - Classification of inspectors; qualifications; examinations; inspector's commission.

§ 95-69.15. Classification of inspectors; qualifications; examinations; inspector's commission.
(a) There shall be three types of inspectors authorized to conduct inspections and report their findings to the Chief Inspector under this Article:
(1) Boiler and Pressure Vessel Inspector or Deputy Inspector. – Shall be a qualified individual, employed by the Department of Labor and appointed by the Commissioner, to assist in conducting inspections under this Article and report on the suitability of boilers and pressure vessels so inspected.
(2) Special Inspector or Insurance Inspector. – Shall be a qualified individual regularly employed by an insurance company authorized to insure in this State against injury to person or property or both from explosions and accidents involving boilers and pressure vessels. Special Inspectors shall not include employees of private contract inspection agencies.
(3) Owner-User Inspectors. – Shall be a qualified individual employed on a full-time basis by a company operating pressure vessels for its own use and not for resale, and maintains an established inspection program for periodic inspection of pressure vessels owned or used by that company and where such inspection program is under the supervision of one or more engineers having qualifications satisfactory to the Commissioner.
(b) Inspector's Commission. – Any company authorized to insure in this State against loss to person or property as a result of an explosion or accident involving boilers and pressure vessels or operating boilers or pressure vessels or both for its own use and not for resale, may apply for the issuance of an inspector's commission for an individual within its employ who has a commission from the National Board.
A North Carolina commission authorizes an inspector to make inspections on boilers and pressure vessels and report on the suitability of said boilers and pressure vessels to the Chief Inspector. Those inspectors holding commissions as special inspectors shall be limited to making inspections on boilers and pressure vessels insured by their employer. Owner-user inspectors shall be limited to conducting inspections on boilers and pressure vessels operated by their respective employers.
A person seeking a commission from this State to conduct in-service inspections of boilers and pressure vessels must take and pass an examination on this Article and the rules adopted pursuant to this Article prior to receiving the commission. Any person who has had a commission in this State but who has been inactive for more than one year must take or retake and pass the State examination before conducting further in-service inspections of boilers and pressure vessels.
(c) Repealed by Session Laws 2007, c. 231, s. 2, effective July 18, 2007. (1975, c. 895, s. 8; 2005-453, s. 7; 2007-231, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.16 - Inspection certificate required.

§ 95-69.16. Inspection certificate required.
All boilers and pressure vessels subject to the provisions of this Article shall be inspected by a commissioned inspector. The Commissioner may determine both the frequency and the method of inspection. In determining the frequency of inspection, the Commissioner shall give due consideration to the hazard involved and the need for the protection of the public. The method of inspection must provide an adequate procedure to insure the safety of individuals likely to be injured by an explosion or accident involving a boiler or pressure vessel.
No boiler or pressure vessel may be operated without an inspection certificate, except pressure vessels being operated under an owner-user provision where administrative procedures of equal safety and competency have been approved by the Commissioner. No more than 60 days grace period may be granted beyond the certificate expiration date. (1975, c. 895, s. 9; 1993, c. 351, s. 4; 2005-453, s. 8; 2007-231, s. 3; 2015-221, s. 2.9.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.17 - Noncomplying devices; appeal.

§ 95-69.17. Noncomplying devices; appeal.
(a) If the Commissioner determines that a boiler or pressure vessel is subject to the provisions of this Article and that the operation of the boiler or pressure vessel is exposing the public to an unsafe condition likely to result in serious personal injury or property damage, the Commissioner may immediately order in writing that the use of the boiler or pressure vessel be stopped or limited until the Commissioner determines that the boiler or pressure vessel has been made safe for operation.
(b) If the Commissioner determines that the provisions of this Article or the rules adopted pursuant to this Article have not been complied with, the Commissioner may refuse to issue or renew or may revoke, suspend, or amend an inspection certificate.
(c) Any action taken under this section by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person against whom such action was taken takes exception to the determination, in which event the final determination of the action shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act. (1975, c. 895, s. 10; 1987, c. 827, s. 263; 1993, c. 351, s. 5; 2005-453, s. 9; 2015-221, s. 1.4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 7A - Uniform Boiler and Pressure Vessel Act. › § 95-69.18 - Operation without inspection certificate; operation not in compliance with this Article; operation after nonissuance or revocation of certificate.

§ 95-69.18. Operation without inspection certificate; operation not in compliance with this Article; operation after nonissuance or revocation of certificate.
(a) No person may operate or permit to be operated any boiler or pressure vessel subject to the provisions of this Article without a valid inspection certificate unless the absence of a valid inspection certificate is the result of the Commissioner's failure to inspect the device.
(b) No person may operate or permit to be operated any boiler or pressure vessel subject to the provisions of this Article other than in accordance with this Article and the rules adopted pursuant to this Article.
(c) No person may operate or permit to be operated any boiler or pressure vessel subject to the provisions of this Article after the Commissioner has refused to issue or has revoked the inspection certificate for the boiler or pressure vessel. (1975, c. 895, s. 11; 1993, c. 539, s. 665; 1994, Ex. Sess., c. 24, s. 14(c); 2005-453, s. 10.)