reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0302 - COMPUTATION OF REASONABLE COST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				of calculating the wage paid to an employee, in an establishment which
				regularly provides meals to the public, the reasonable cost of furnishing
				employees meals will be computed as 50 percent of the established retail rate
				for the meals. In establishments without an established retail rate, the cost
				will be computed as 50 percent of the retail rate charged for comparable meals
				of like quality and kind within the community.
(b) With respect to lodging furnished to an
				employee, the employer may count as wages the full retail cost of the
				facilities furnished. Where there is no retail cost, the employer may compute
				the retail rate charged for comparable services of like quality within the
				community.
(c) In order to include
				the reasonable cost of board, lodging or other facilities as a wage paid to an
				employee, the employer must keep accurate and complete records of the board,
				lodging and other facilities provided to the employee. Obtaining the signature
				or initials of the employee monthly or for each pay period on a written record
				which specifies dollar amounts constitutes acknowledgement by the employee of
				receipt of such benefits, and subject to the other provisions of this Section,
				these costs will be computed as wage compensation. Where permanent lodging is
				provided for an employee, a blanket acknowledgement may be signed by the
				employee when the employee begins residence so long as the acknowledgement
				specifies a dollar amount which is to be credited as wages.
(d) Homes for dependent children with live-in
				employees who are exempt from overtime and recordkeeping provisions pursuant to
				G.S.
				95-25.14(c)(6), may contract
				with any resident employee to pay such employee an annual wage of 2,080 times
				the minimum wage. Such a contract shall satisfy the requirements of the minimum
				wage law, but the employer shall not be entitled to any additional credits for
				meals and lodging.
Authority
				  G.S.
				  95-25.2;
				  95-25.15;
				  95-25.19;
Eff.
				  November 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0303 - TIPS AND TIP CREDITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Tips are not
				wages. Tips may be counted toward wages only to the extent set forth in
				Paragraphs (e), (f) and (g) of this Rule.
(b) A tip shall not include a service charge
				which the employer requires the customer to pay, no matter what the charge is
				labeled.
(c) Tips belong to the
				employee for whom they were left by the customer. Employees and employers may
				not agree that the employee will surrender tips to the employer. However, if
				there is a tip pooling arrangement under 95-25.3(f), the employee may be
				required to surrender tips received for distribution in accord with the tip
				pooling arrangement.
(d) If a
				customer pays by credit, charge or debit card and includes a tip for an
				employee:
(1) the tips so charged accrue to
				the employee at the time of the charge. The employer shall pay the employee the
				charged tip no later than the payday for the pay period in which the customer
				signs the charge; and
(2) employers
				may retain from the tips an amount up to or equal to the pro rata portion of
				the fee charged by the card issuing company which is attributable to the tips.
				When employers make such retentions, they do so without violating
				G.S.
				95-25.6 and without becoming disqualified
				from claiming the tip credit on the charged tip.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0304 - WITHHOLDING OF WAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Employers shall
				furnish each employee an itemized statement indicating the amount and purpose
				of all deductions, diversions, payments or withholding of wages for each pay
				period in which deductions or recoupments are made.
(b) "Criminal process," as that term is used
				in G.S.
				95-25.8(e), means any
				citation, criminal summons, warrant for arrest, or order for arrest, issued by
				a justice, judge, magistrate, clerk of court, or law enforcement officer for
				the purpose of requiring a person to appear in court and answer to allegations
				of a cash shortage, inventory shortage, or damage to an employer's property
				based upon a showing of probable cause supported by oath or
				affirmation.
Authority
				  G.S.
				  95-25.8;
				  95-25.11;
				  95-25.13;
				  95-25.19;
Eff.
				  November 1, 1980;
Amended Eff. January 1, 2007; April 1, 1999;
				  February 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0305 - AUTHORIZATION FOR WITHHOLDING OF WAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				authorization is required by the Act, the monetary limitations and time
				requirements specified in
				G.S.
				95-25.8 of the Wage and Hour Act apply and
				shall not be waived.
(b) Deductions
				for the convenience of the employee, as that term is used in
				G.S.
				95-25.8, include savings plans, credit union
				installments, savings bonds, union or club dues, uniform rental or cleaning not
				required by the employer, parking and charitable contributions.
(c) A "reasonable opportunity to withdraw,"
				as that term is used in
				G.S.
				95-25.8(a), shall be at
				least three calendar days from the date of the employer's notice of the actual
				amount to be deducted or the employee's written notice of withdrawal of the
				authorization.
(d) In accordance
				with G.S.
				95-25.8(d), advances of
				wages to the employee or to a third party at the employee's request are
				considered to be prepayment of wages. A dated receipt, signed by the employee,
				for the advance of wages, shall be sufficient to show that the advance was
				requested and made.
(e) Loans from
				an employer to an employee that are considered to be an advance of wages
				pursuant to
				G.S.
				95-25.8(d) may include
				credit advanced for purchasing from the employer items not primarily for the
				benefit of the employer and personal usage of the employer's property when
				designated for business use only. Personal loans from a supervisor to a
				subordinate or loans made by third parties to an employee with payroll
				deduction arrangements are not an advance of wages.
(f) If an employer underpays wages to an
				employee as a result of a miscalculation of wages or other bona fide error, the
				employer shall pay any such underpayment owed as soon as possible upon the
				discovery of the error and no later than the next regularly scheduled pay day,
				along with accrued interest at the legal rate set forth in
				G.S.
				24-1 from the date the wages first became
				due.
(g) Authorizations for
				deductions that are not permitted by law are invalid. For example:
(1)
										G.S.
				97-21 invalidates agreements by an employee
				to pay any portion of a premium paid by his or her employer to a workers'
				compensation insurance carrier;
(2)
										13 NCAC
				07F .0101(a)(2) requires the
				employer to provide, at no cost to the employee, all personal protective
				equipment which the employee does not wear off the jobsite for use off the job.
If an employer withholds or diverts wages for purposes not
				  permitted by law, the employer shall be in violation of
				  G.S.
				  95-25.6 or
				  G.S.
				  95-25.7, or both, even if the employee
				  authorizes the withholding in writing pursuant to
				  G.S.
				  95-25.8(a), because that
				  authorization is invalid.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0306 - VACATION PAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All vacation
				policies and practices shall address:
(1) How
				and when vacation is earned so that the employees know the amount of vacation
				to which they are entitled;
(2)
				Whether or not vacation time may be carried forward from one year to another,
				and if so, in what amount;
(3) When
				vacation time must be taken;
(4)
				When and if vacation pay may be paid in lieu of time off; and
(5) Under what conditions vacation pay will
				be forfeited upon discontinuation of employment for any reason.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0307 - BONUSES, COMMISSIONS AND OTHER FORMS OF WAGE CALCULATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Employers may pay wages based on bonuses, commissions or other forms of
				calculation as infrequently as annually, if the employees are so notified
				before earning such wages.
(b)
				Employers shall notify employees of the employers' policies and practices
				concerning pay, wages based on bonuses, commissions, or other forms of wage
				calculation.
(c) Ambiguous policies
				and practices shall be construed against the employer and in favor of
				employees.
(d) All policies or
				practices relating to bonuses, commissions, or other forms of calculation wages
				shall address:
(1) How and when bonuses,
				commissions or other forms of calculation wages are earned so that the
				employees know the amount of bonuses, commissions or other forms of calculation
				wages to which they are entitled; and
(2) Under what conditions and in what amount
				bonuses, commissions or other forms of calculation wages will be paid upon
				discontinuation of employment.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0308 - FINAL PAY FOR SEPARATED EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				purposes of
				G.S.
				95-25.7 and these Rules:
(1) "Separated employees" are employees whose
				employment has been discontinued either voluntarily or involuntarily for any
				reason.
(2) "The next regular
				payday" is the payday for the pay period in which the separated employee's
				employment is discontinued, except for bonuses, commissions and other forms of
				compensation. "The next regular payday" for bonuses, commissions and other
				forms of compensation is the first regular payday for the pay period in which
				such wages become calculable.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0309 - FORM OF PAYMENT OF WAGES

Current through Register Vol. 39, No. 2, July 15, 2024
G.S. 95-25.6 and
				  G.S.
				  95-25.7 do not require a specific form of
				  payment. Therefore, the employer may select any legal form of payment, so long
				  as payment is made in full on the designated payday, subject to authorized
				  deductions and legal withholdings. Acceptable forms of payment include cash,
				  money order, negotiable checks, and direct deposit into an institution whose
				  deposits are insured by the United States government or an institution selected
				  by the employee.
Authority
				  G.S.
				  95-25.2;
				  95-25.6;
				  95-25.7;
				  95-25.19;
Eff. April
				  1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0300 - WAGES › Section 12 .0310 - "OTHER AMOUNTS PROMISED" AS WAGES

Current through Register Vol. 39, No. 2, July 15, 2024
"Other amounts promised" as that term is used in
				  G.S.
				  95-25.2(16) are those
				  amounts which the employer has promised or has a policy or practice of paying
				  and shall include, but are not limited to, travel expenses, holiday pay,
				  birthday pay, jury duty pay, shift premium pay, prizes, moving expenses,
				  educational expenses, or telephone expenses.
Authority
				  G.S.
				  95-25.2;
				  95-25.6;
				  95-25.7;
				  95-25.19;
Eff. April
				  1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0401 - CERTIFICATION OF YOUTHS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless exempted
				by the Wage and Hour Act, all employees under 18 years of age must obtain a
				youth employment certificate prior to starting work. Where there is no
				employer-employee relationship, a youth is not employed as a worker and a
				certificate is not required.
(b)
				Youths who reside in homes for dependent children may perform domestic
				activities without being considered employees. Such activities include personal
				care, maintenance of living quarters, work around the residence or its farm and
				other activities normally performed by children when living at home and under
				direct parental control.
(c) A
				youth employment certificate is valid only for the employer specified on the
				certificate. This certificate is valid at all locations of this employer. A new
				certificate must be obtained for each new employer. A certificate remains valid
				for a youth who terminates employment but then resumes work at the same place
				of employment.
Authority
				  G.S.
				  95-25.5;
				  95-25.14;
				  95-25.19;
Eff.
				  November 1, 1980;
Amended Eff. April 1, 2001; February 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0402 - APPLICATION FOR A YOUTH EMPLOYMENT CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A youth
				employment certificate may be obtained:
(1)
				electronically from the Department of Labor; or
(2) from the county director of social
				services' office in the county in which the youth resides or the county in
				which the youth intends to work, or from a designee outside the social
				services' office in the county in which the youth resides or the county in
				which the youth intends to work who has been approved to issue youth employment
				certificates pursuant to
				13 NCAC
				12 .0407.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0403 - REVIEW: ISSUANCE AND MAINTENANCE OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				county director of social services, approved designee or the Department of
				Labor shall review the youth employment certificate to see that it is complete
				and shall ascertain the age of the youth by the means prescribed in Rule .0402
				of this Section and the permissibility of employment based on type of
				employment and prohibitions in
				G.S.
				95-25.5 and the child labor provisions of the
				F.L.S.A.
(b) The county director of
				social services, approved designee or Department of Labor shall sign, date and
				issue the certificate. The employer's copy of the certificate shall be given to
				the youth. Certificates shall not be issued if:
(1) The proposed employment does not comply
				with all statutory requirements and prohibitions, and all rules adopted under
				this Section; or
(2) The proposed
				employment will be in violation of the F.L.S.A. and all rules promulgated
				thereunder.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0404 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an application for a waiver of any
				youth employment provision is received, if the proposed employment is in the
				best interest of the youth and his health and safety will not be adversely
				affected, the Department shall issue a waiver for the youth.
(b) Any person adversely affected by a
				decision of the Department may appeal by filing a written petition for a
				contested case hearing with the Office of Administrative Hearings (OAH) under
				Chapter 150B, Article 3 of the North Carolina General Statutes.
Authority
				  G.S.
				  95-25.5;
				  95-25.17;
Eff.
				  November 1, 1980;
Amended Eff. January 1, 2007; July 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0405 - REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Administrator of the Wage and Hour Bureau or his designated representative
				shall review the issuance of all youth employment certificates by county social
				services directors. If upon review, or because of any other circumstance, the
				Administrator determines a certificate has been issued in violation of the
				youth employment provisions or the rules adopted thereunder, he shall notify
				the youth, the county social service director and the employer of the youth
				that the certificate is being revoked and shall specify the reasons for the
				revocation.
(b) If the certificate
				is revoked, the employer shall cease to employ the youth and shall return the
				certificate to the Administrator of the Wage and Hour Bureau or to the county
				social service director, who shall forward it to the Wage and Hour
				Administrator.
(c) The employer or
				youth may object to the revocation by filing a written petition for a contested
				case hearing with the Office of Administrative Hearings (OAH) under Chapter
				150B, Article 3 of the North Carolina General Statutes. Even if a petition for
				a hearing is filed, the certificate must be returned and the employment must
				cease pursuant to Paragraph (b) of this Rule.
Authority
				  G.S.
				  95-25.5;
				  95-25.17;
Eff.
				  November 1, 1980;
Amended Eff. January 1, 2007; July 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0406 - DETRIMENTAL OCCUPATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				occupations are found and declared to be detrimental to the health and
				well-being of youths. No youth under 18 years of age may be employed by an
				employer in these detrimental occupations:
(1)
				Welding, brazing and torch cutting as defined in the Occupational Safety and
				Health Administration (OSHA) General Industry Standards,
				29 CFR
				1910. 251 through 255 and OSHA Construction
				Standards, 29 CFR
				1926.350 through
				354;
(2) Any processes where quartz or any other
				form of silicon dioxide or an asbestos silicate is present in powdered
				form;
(3) Any work involving
				exposure to lead or any of its compounds in any form;
(4) At any work involving exposure to benzene
				or any benzene compound which is volatile or which can penetrate the
				skin;
(5) Occupations in canneries,
				seafood and poultry processing establishments which involve the use, setting
				up, adjusting, repairing, or cleaning of cutting or slicing machines, or
				freezing or packaging activities;
(6) Any work which involves the risk of
				falling a distance of 10 feet or more, including the use ladders and
				scaffolds;
(7) Any work as an
				electrician or electrician's helper;
(8) Any work in confined spaces as defined by
				OSHA General Industry Standard,
				29 CFR
				1910.146 and OSHA Construction Standard,
				29 CFR
				1926.21;
(9) Occupations in which the use of a
				respirator is required by OSHA General Industry Standard,
				29 CFR
				1910.134 or OSHA Construction Industry
				Standards, 29 CFR
				1926.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0407 - DESIGNATION OF YOUTH EMPLOYMENT CERTIFICATE ISSUERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				County directors of social services may, subject to approval by the
				Commissioner of Labor, designate personnel outside their staffs to issue youth
				employment certificates. Requests for designee approval shallbe made on the
				Department of Labor form provided to each DSS office.
(b) The Commissioner of Labor shall approve
				the designation only if:
(1) The designee is
				an employee of a State or local government agency, a public, private or charter
				school, or a private non-profit organization which assists in placing youths
				into jobs at no cost to the youths;
(2) The designee and the designee's employer
				have consented to the designation and the conditions for designation in
				Paragraph (c) of this Rule; and
(3)
				The designee has received training provided by the Department of Labor or
				training which has been approved as equivalent by the Department.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0408 - DEFINITIONS RELATIVE TO ABC RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				purposes of
				G.S.
				95-25.5(j) and the Rules in
				this Chapter, and in addition to the definitions promulgated by the NC
				Alcoholic Beverage Control Commission in
				04 NCAC
				02S, the following terms are defined:
(1) Prepare: To make ready; or to put
				together by combining various elements or ingredients.
(2) Serve: To supply; or to place before the
				customer.
(3) Dispense: To pour; or
				to draw from a tap.
(4) Sell: To
				offer; to accept the order for; to exchange or deliver for money or equivalent;
				or to handle payment.
(5) Premises:
				The building or area of a building plus any other property immediately adjacent
				to it that forms a component or integral part of the business for which the
				permit was issued.
(6) Outside
				Grounds: The land immediately adjacent to the building or area of a building
				that forms a component or integral part of the business for which the permit
				was issued.
(7) ABC Permit for
				On-Premises Sale or Consumption: A written or printed authorization issued by
				the NC Alcoholic Beverage Control Commission pursuant to G.S. 18B and
				04 NCAC
				02, that authorizes the consumption of
				alcoholic beverages on the premises of the business for which the permit was
				issued.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0400 - YOUTH EMPLOYMENT › Section 12 .0409 - REPEALED - PARENTAL EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-25.5;
				  95-25.19;
Eff. April
				  1, 2001;
Repealed Eff. January 1,
				  2007.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0500 - JURISDICTION AND EXEMPTIONS › Section 12 .0501 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
									G.S.
				95-25.14(a)(1) provides an
				exemption from the minimum wage, overtime, youth employment and related record
				keeping requirements of the Wage and Hour Act for any person employed in an
				"enterprise" as defined by the F.L.S.A. Persons who are not employed by an
				"enterprise", but who are subject to the F.L.S.A. because they are engaged in
				commerce or in the production of goods for commerce are subject to both the
				F.L.S.A. and the Wage and Hour Act, unless otherwise exempted.
(b) Pursuant to
				G.S.
				95-25.14(a)(1)(c), where the
				F.L.S.A. provides an exemption from child labor, minimum wage, or overtime
				(other than an exemption providing for an alternate method of computing
				overtime), but the Wage and Hour Act does not provide the same exemption, the
				provisions of the Wage and Hour Act apply. Examples of such federal exemptions
				include:
(1) Minimum wage and overtime
				exemptions under the F.L.S.A.:
(A) Seasonal
				amusement or recreational establishments as specified in
				29 U.S.C.
				213(a)(3);
(B) Small newspapers as specified in
				29 U.S.C.
				213(a)(8); and
(C) Small public telephone companies as
				specified in 29 U.S.C.
				213(a)(10).
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0500 - JURISDICTION AND EXEMPTIONS › Section 12 .0502 - REPEALED - COUNTING EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-25.14;
				  95-25.19;
Eff.
				  November 1, 1980;
Amended Eff. July 1, 1988;
Repealed
				  Eff. April 1, 1999.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0600 - INVESTIGATION AND ENFORCEMENT › Section 12 .0601 - COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
The complaint required by
				  G.S.
				  95-25.15 to initiate a wage payment
				  investigation of an F.L.S.A. covered establishment shall be made by contacting
				  the Wage and Hour Bureau's complaint desk. All complaints shall be reduced to
				  written form by the Wage and Hour Bureau.
Authority
				  G.S.
				  95-25.15;
				  95-25.19;
Eff.
				  November 1, 1980;
Amended Eff. May 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0600 - INVESTIGATION AND ENFORCEMENT › Section 12 .0602 - INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Commissioner shall afford the employer an opportunity to bring to the
				Commissioner's attention any information pertinent to the possible violations
				under investigation and any computation of wages possibly due an employee. The
				employer's failure to timely bring to the Commissioner's attention such
				information will not prevent the Commissioner from proceeding to a
				determination.
(b) The Commissioner
				shall notify the employer of the Commissioner's findings in accordance with
				Rule .0604 of this Section.
Authority
				  G.S.
				  95-25.15;
				  95-25.16;
				  95-25.17;
				  95-25.19;
Eff.
				  November 1, 1980;
Amended Eff. April 1, 1999;
Pursuant
				  to G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0600 - INVESTIGATION AND ENFORCEMENT › Section 12 .0603 - REPEALED - SUPERVISION OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-25.16;
				  95-25.17;
				  95-25.19;
				  95-25.22;
Eff.
				  November 1, 1980;
Repealed Eff. April 1,
				  1999.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0600 - INVESTIGATION AND ENFORCEMENT › Section 12 .0604 - ADMINISTRATIVE REMEDIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				95-25.22(g), "exhausting administrative remedies" means that the Commissioner
				shall:
(1) Investigate the alleged violations
				of the Act and afford the employer the opportunity to present evidence in its
				defense during such investigation; and
(2) Notify the employer and complainant(s),
				after completion of the investigation, of:
(A)
				The violations found and amounts found due; and
(B) The employer's right to be heard further
				in the matter; and
(3)
				Hear any additional evidence presented by the employer exercising its right to
				be heard further as set forth in Paragraphs (b) and (c) of this Rule;
				and
(4) Notify the employer of any
				pending action.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0600 - INVESTIGATION AND ENFORCEMENT › Section 12 .0605 - REPEALED - LITIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-25.15;
				  95-25.17;
				  95-25.19;. 95-25.20; 95-25.21;
				  95-25.22;
Eff. November 1, 1980;
Repealed Eff. April 1,
				  1999.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0700 - CIVIL MONEY PENALTIES › Section 12 .0701 - CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any employer
				who violates the provisions of
				G.S.
				95-25.5 (Youth Employment),
				G.S.
				95-25.15(b) (Record Keeping)
				or these Rules is subject to a civil penalty for each violation.
(b) Any person or establishment required to
				comply with or subject to regulation of child labor under the F.L.S.A. who
				violates the non-exempt provisions of
				G.S.
				95-25.5, or these Rules is subject to a civil
				penalty for each violation.
(c) The
				Commissioner shall determine the amount of all civil penalties in accordance
				with Rule .0702 of this Section.
(d) In civil penalty cases, the Commissioner
				shall notify the employer by certified mail of the following:
(1) the nature of the violation;
(2) the amount of the civil penalty;
				and
(3) that the civil penalty will
				be final, unless the employer takes exception to the penalty as set forth in
				G.S.
				95-25.23 and
				G.S.
				95-23A of the penalty from the
				Commissioner.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0700 - CIVIL MONEY PENALTIES › Section 12 .0702 - CIVIL PENALTY ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				Commissioner finds that an employer has violated any of the provisions of
				G.S.
				95-25.5,
				G.S.
				95-25.15(b) or these Rules,
				the Commissioner may assess a civil penalty for each violation.
(b) The maximum amount of a civil penalty
				will be based on the nature and the gravity of the violation or violations.
				Matters which are indications of the gravity of a violation include, but are
				not limited to:
(1) the likelihood of injury
				and the seriousness of the potential injuries to which a youth has been
				exposed;
(2) multiple violations by
				a business or employer;
(3)
				recurring violations;
(4)
				employment of any youth in a hazardous or detrimental occupation without a
				waiver from the Commissioner;
(5)
				violations involving youths under fourteen years of age.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0700 - CIVIL MONEY PENALTIES › Section 12 .0703 - EXCEPTIONS TO CIVIL PENALTY

Current through Register Vol. 39, No. 2, July 15, 2024
An employer may take an exception to a civil penalty
				  determination by filing a written petition for a contested case hearing with
				  the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of
				  the North Carolina General Statutes. The penalty shall be final unless the
				  employer takes exception to the civil penalty determination within 15 days
				  after the employer's receipt of notification of the civil
				  penalty.
Authority
				  G.S.
				  95-25.19;
				  95-25.23;
Eff.
				  November 1, 1980;
Amended Eff. April 1, 2007; July 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0801 - RECORDS TO BE MAINTAINED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				employer shall maintain complete and accurate records which contain the
				following information for each employee in each workweek, unless the employee
				isspecifically exempted:
(1) Name in
				full;
(2) Home address, including
				zip code and phone number;
(3) Date
				of birth if under 20;
(4)
				Occupation in which employed or job title;
(5) Time of day and day of week the
				employee's workweek begins (a group of employees working the same workweek may
				have one record keeping for the entire group);
(6) Regular rate of pay;
(7) Hours worked each workday;
(8) Total hours worked each
				workweek;
(9) Total straight-time
				earnings each workweek;
(10) Total
				overtime earnings each workweek;
(11) Total additions to or deductions from
				wages;
(12) Total gross wages paid
				each pay period;
(13) Date of each
				payment.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0802 - RECORD RETENTION

Current through Register Vol. 39, No. 2, July 15, 2024
All records, posted notices and writings required by the Wage
				  and Hour Act and the rules and regulations promulgated thereunder must be
				  retained by employers for three years, unless a different period of time is
				  specifically stated elsewhere in this Chapter.
Authority
				  G.S.
				  95-25.15;
				  95-25.19;
Eff.
				  November 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0803 - SCOPE OF PROMISED WAGES

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of
				  G.S.
				  95-25.13, the term "promised wages" includes
				  all forms of wages as defined in
				  G.S.
				  95-25.2(16), and any policy
				  or practice that may affect the rate, amount or payment of
				  wages.
Authority
				  G.S.
				  95-25.2;
				  95-25.13;
				  95-25.19;
Eff. April
				  1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0804 - NOTIFICATION AT TIME OF HIRING

Current through Register Vol. 39, No. 2, July 15, 2024
An employee's signature on an employer's written notice of
				  the promised wages which bears the date on which the employee was provided with
				  the notice shall be presumptive evidence of the employer's notification in
				  accordance with
				  G.S.
				  95-25.13(1).
Authority
				  G.S.
				  95-25.13;
				  95-25.19;
Eff. April
				  1, 1999;
Amended Eff. April 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0805 - NOTIFICATION DURING EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Employers shall satisfy the notice requirements of
				G.S.
				95-25.13(2) by posting or
				making available to its employees in writing all policies and practices
				relating to promised wages in a manner, place and time which ensures that
				employees have ready access to those policies and practices throughout their
				tenure with the employer and are able to use that information.
(b) Acceptable means of ensuring that the
				policies and practices are readily accessible to the employees include, but are
				not limited to:
(1) Providing employees with
				an up-to-date employee handbook or other written statement of policies and
				practices with regard to promised wages;
(2) Providing employees with payroll records,
				including check stubs, for wages promised in the form of hourly pay or salary
				or other form whose terms are readily identifiable from the payroll
				records.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0806 - MEANING OF"MAINTAINED IN A PLACE ACCESSIBLE"

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of
				  G.S.
				  95-25.13(2) and (3) and
				  these Rules, the phrase "maintained in a place accessible" applies to the
				  posting and to the writing. "Accessible" with respect to posting means "easily
				  approached and viewed for reading," at a place designated for such purposes and
				  regularly frequented by the affected employees. "Accessible" with respect to
				  the writing means "easily and promptly obtained or viewed for reading" at a
				  place designated for maintaining such writings.
Authority
				  G.S.
				  95-25.13;
				  95-25.19;
Eff. April
				  1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0800 - RECORDKEEPING › Section 12 .0807 - METHODS OF PROVIDING EMPLOYEES WITH

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-25.13;
				  95-25.19;
Eff. April
				  1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0901 - SCOPE AND ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Commissioner of Labor or her designee administers the provisions of Chapter 64,
				Article 2 of the North Carolina General Statutes and is responsible for
				receiving and investigating complaints, conducting hearings and issuing and
				enforcing orders as required by
				G.S.
				64-27 through
				G.S.
				64-34.
(b) Correspondence relating to Chapter 64,
				Article 2 of the North Carolina General Statutes or this Section shall be
				addressed to:
North Carolina Department of Labor
Attn: E-Verify Complaint Administrator
1101 Mail Service Center
Raleigh, North Carolina 27699-1101
Authority
				  G.S.
				  64-37;
Eff. October 1,
				  2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0902 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in
				  G.S.
				  64-25, the following definitions apply
				  throughout this Section:
(1)
				"Anonymous" means having an unknown or unacknowledged name or origin;
(2) "Date of hire" means the first day that
				an individual meets the definition of being an "employee" of an "employer" as
				set forth in
				G.S.
				64-25. When calculating an employee's "date
				of hire", the days between the employer's offer and the employee's first day of
				work performance are not counted.
(3) "Determines that the complaint is not
				false and frivolous," as stated in
				G.S.
				64-30, means the Commissioner or her designee
				determines there is evidence, beyond mere suspicion or allegation and not based
				solely on race, religion, gender, ethnicity, or national origin, that the
				employer has in fact violated
				G.S.
				64-26;
(4) "Employs 25 or more employees" in
				G.S.
				64-25(4), means the employer
				employs 25 or more employees in this State as of the date of hire of the person
				for whom it has been alleged that E-Verify was not used for verification of
				work authorization. When calculating the number of employees, seasonal
				temporary workers shall not be counted if those workers meet the requirements
				for exemption as set forth in
				G.S.
				64-26(c);
(5) "Good faith belief" means having some
				basis in fact or credible information to believe that the employer has violated
				the provisions of
				G.S.
				64-26.
Authority
				  G.S.
				  64-37;
Eff. October 1,
				  2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0903 - PRESUMPTION OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Commissioner or her designee shall presume that an employer has complied with
				the provisions of
				G.S.
				64-26 and this Section if the employer
				verified the work authorization of an employee using E-Verify within three
				employer business days after the employee's date of hire.
(b) If the Commissioner of Labor or her
				designee finds that a presumption of compliance exists in accordance with
				Paragraph (a) of this Rule, the complaint shall be closed by the Commissioner
				or her designee.
Authority
				  G.S.
				  64-37;
Eff. October 1,
				  2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0904 - FILING OF COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaints may
				be made on the form available at www.nclabor.com, or verbally by contacting the
				North Carolina Department of Labor at 1-800-625-2267.
(b) All verbal complaints or complaints filed
				on a form other than the one prescribed in this Rule shall include the
				following information:
(1) Complainant's name,
				address, telephone number, email address (if applicable), and relationship to
				the employer, unless the complaint is filed anonymously;
(2) Employer's name;
(3) Employer's physical address, mailing
				address, and telephone number, if available;
(4) Name of business owner or other contact,
				telephone number, and email address, if available;
(5) Approximate number of employees employed
				by the employer in the State of North Carolina;
(6) Name(s) of the employee(s) in North
				Carolina whom the complainant is alleging the employer failed to verify the
				work authorization of in accordance with
				G.S.
				64-26, if available;
(7) Information which leads the complainant
				to believe that the employer failed to verify work authorization(s) in
				accordance with
				G.S.
				64-26; and
(8) Any additional information the
				complainant considers relevant to support the allegations set forth in the
				complaint.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0905 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If after an
				investigation the Commissioner or her designee determines that a complaint is
				not false and frivolous, the matter shall be referred to hearing before a
				hearing officer designated by the Commissioner. The hearing officer shall
				conduct a hearing to determine if a violation of
				G.S.
				64-26 has occurred.
(b) If, after a hearing, it is determined
				that a violation of
				G.S.
				64-26 has occurred, one of the following
				actions shall be taken:
(1) If the employee is
				currently employed, or has been discharged since commencement of the
				investigation, and it is found that the employer verified the employee's work
				authorization through the use of E-Verify after initiation of the
				investigation, the hearing officer shall:
(A)
				Issue a written order setting forth the violation;
(B) Order the employer to file the affidavit
				required by
				G.S.
				64-31(a); and
(C) Order payment of any applicable civil
				penalty as set forth in
				G.S.
				64-31 through
				G.S.
				64-33.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 12 - WAGE AND HOUR › Section .0900 - E-VERIFY › Section 12 .0906 - CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In civil
				penalty cases, the Commissioner shall notify the employer by certified mail of
				the following:
(1) the nature of the
				violation;
(2) the amount of the
				civil penalty; and
(3) that the
				civil penalty is final, unless the employer takes exception to the penalty
				determination as set forth in
				G.S.
				64-36 and Paragraph (b) of this
				Rule.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 13 - BOILER AND PRESSURE VESSEL › Section .0100 - DEFINITIONS › Section 13 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply throughout the rules in
				  this Chapter and shall be construed as controlling in case of any conflict with
				  the definitions contained in ANSI/NB-23 National Board Inspection Code Parts 2,
				  3, and 4, The American Society of Mechanical Engineers (ASME) Boiler and
				  Pressure Vessel Code, or The North Carolina State Building Code:
(1) "Accepted Design and Construction Code"
				means the Boiler and Pressure Vessel Code of the American Society of Mechanical
				Engineers (ASME Code), or a comparable code with standards that the Chief
				Inspector determines to be equivalent to the ASME Code.
(2) "Appurtenance" means any control,
				fitting, appliance, or device attached to or working in conjunction with the
				boiler proper or pressure vessel.
(3) "ASME Code" means the Boiler and Pressure
				Vessel Code of the American Society of Mechanical Engineers.
(4) "Audit" means activities, other than
				certificate inspections, conducted by the Chief Inspector or his designee.
				Audits include the following:
(a) reviews for
				ASME and National Board certificate issuance and renewal;
(b) audits conducted of an authorized
				inspector at the location of a manufacturer or repair organization as may be
				required by the ASME Code, National Board Inspection Code, or National Board
				Rules for Commissioned Inspectors; and
(c) audits pursuant to evaluation for the
				issuance of North Carolina Specials.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 13 - BOILER AND PRESSURE VESSEL › Section .0100 - DEFINITIONS › Section 13 .0102 - REPEALED - CONTROLLING DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-69.11;
				  95-69.14;
Eff. May 29,
				  1981;
Repealed Eff. July 1, 2006.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 13 - BOILER AND PRESSURE VESSEL › Section .0100 - DEFINITIONS › Section 13 .0103 - INCORPORATED - STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				following standards are incorporated by reference, including subsequent
				amendments and editions of the standards:
(1)
				The ANSI/NB-23 National Board Inspection Code (NBIC) Parts 2, 3, and 4. Copies
				of the ANSI/NB-23 National Board Inspection Code Parts 2, 3, and 4 are
				available for inspection at the offices of the Bureau and may also be obtained
				from the National Board of Boiler and Pressure Vessel Inspectors, via U.S. Mail
				at 1055 Crupper Avenue, Columbus, Ohio 43229, via telephone at (614) 888-8320,
				or via the internet at www.nationalboard.org. The costs, which does not include
				shipping and handling, are as follows:
(A)
				Complete Set (printed or PDF), Parts 1-4: $325.00;
(B) Individual (printed), Part 2:
				$150.00;
(C) Individual (printed),
				Part 3: $150.00;
(D) Individual
				(printed), Part 4: $115.00; or
(E)
				Bundled Set (printed and PDF), Parts 1-4: $435.00.