North Carolina employees are entitled to a minimum wage of $7.25 per hour. Each member of the Council of State under G.S. If you are a union member, your collective bargaining agreement with your employer might give you some contractual rights, such as the ability to “bump” less senior employees who have not been targeted for layoff, or the right to apply for open positions in the company. Attendees of this clinic will learn about their rights as employees under North Carolina and Federal law. The state uses the same classification system for exempt and nonexempt employees. It will cover topics such as employment at will, right to work, discrimination and retaliation in the workplace, and eligibility for unemployment benefits. Most civil rights laws are federal, including those encoded in the Civil Rights Act of 1964, but states sometimes extend extra protections. The Commission advocates, enforces, and promotes equality of opportunity in the areas of housing, fair employment practices, public accommodations, education, justice, and governmental services. Enforcement Agencies Know your employment rights [PDF 1.5MB] Also available in other languages. Some common unlawful employment practices include: 1. Various Employee Rights with Minimum Wage. North Carolina’s legislative rules to ‘Right-to-Work’ coincide with federal labor laws prohibiting "forced union membership” in adherence to the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidelines. Most North Carolina businesses with employees are required to pay for workers’ compensation insurance (WC or workers’ comp insurance). Layoff Rights for North Carolina Employees What rights do North Carolina employees have in a layoff or plant closing? See FLSA: Overtime for more information regarding overtime requirements. The North Carolina Equal Employment Practices Act makes it illegal for a State or County government agency to discriminate on the basis of race, religion, color, national origin, age, sex, HIV/AIDS results for current employees, or handicap (disability). Employees who are fired, discharged, or terminated; Employees who quit or resign; Employees who is suspended or resigns due to a labor dispute (strike) Employees who are laid off; Pre-hire Medical, Physical, or Drug Tests; Severance; Statement of Wages (Pay Stub) Tools and other items necessary for employment; Uniforms Public holidays, family, personal and other holidays present. If you are a union member, your collective bargaining agreement with your employer might give you some contractual rights, such as the ability to “bump” less senior employees who have not been targeted for layoff, or the right to apply for open positions in the company. : NC employee rights Protecting Workers in the Hiring Process. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. In general, NC labor laws reflect federal laws. North Carolina labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. NCDOL requires all businesses in North Carolina to post a copy of the North Carolina Workplace Laws Poster in a conspicuous place where notices to employees are … Coverage Applicants for State Employment. Know your employment rights – other language translations. You have the right to the minimum wage of $7.25 per hour. An employee is entitled to a maximum of $200 per day and no more than $10,000.00 in aggregate. A court might conclude that the North Carolina statutory framework for protection of private trade secrets that become a part of government records creates a greater need and legal basis for a private right of action than does the statutory framework (which includes a criminal remedy for malicious release) for employee personnel records created by the public agency. Payment upon Separation from Employment. Woman Says Candy Company Fired Her for Orientation, Pregnancy. Sexual Harassment: A work environment where inappropriate sexual behavior pervades, including phy… In North Carolina, for example, you certain rights pertaining to wage and hour issues. Civil rights of state and county employees: File a discrimination complaint with the NC Office of Administrative Hearings; Discipline and grievance resources; Ethics and lobbying in state government; Government records: Retention, email guidance, workshops and tutorials; Limitations of Political Activity; Mediation The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws. EEOC refers to the CRD-Employment Discrimination Section as a "Fair Employment Practices Agency (FEPA)." Relationship between OAH/CRD and EEOC. If there is no employer onsite or designated off-site health care provider, seek medical care appropriat… Currently the minimum wage in North Carolina is $7.25 an hour. In order for the N.C. Department of Labor’s Wage and Hour Bureau to assist an employee with a wage dispute, a complaint must be filed. North Carolina labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. NC G.S.126-36.1 Appeal of State Human Resources Commission by Applicant for Employment. In keeping with a strong at-will standard, the North Carolina courts have generally declined to support or enforce implied contract claims that are based on an employer's unilateral publication and distribution of an employee handbook or policy manual. It’s illegal to fire employees for exercising some other rights. Barring a specific contract signed by both the employer and the employee, an employer has the right to end the employment relationship at any time. The current minimum wage in NC is $7.25. YOUR RIGHT TO paid leave, unemployment insurance, and safe work Paid Leave (until Dec. 31, 2020) Emergency Leave You are entitled to 10 business days or 80 hours of paid leave related to COVID-19, in addition to any leave provided by your employer, if you work for a public employer or an employer with fewer than 500 employees (including employers that are franchises). Office Hours 8:00 AM to 5:00 PM, Monday – Friday See FLSA: Overtime for more information regarding overtime requirements. NCDOL requires all businesses in North Carolina to post a copy of the North Carolina Workplace Laws Poster in a conspicuous place where notices to employees are customarily posted. The minimum rights of an employee are the responsibility of the employer. Our Raleigh employment law attorneys are committed to upholding these rights to the fullest extent. The state uses the same classification system for exempt and nonexempt employees. An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee's regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. Nonexempt employees have many rights under federal and state laws, including the right to overtime pay. North Carolina protects employee rights to ‘Right-to-Work’ protections and does not condone forced collective bargaining agreements. Under federal and North Carolina law, most employees who work more than 40 hours a week are eligible for overtime. Through the use of "work sharing agreements", the EEOC and the CRD-EDS avoid duplication of effort while at the same time ensuring that a charging party's rights … 10. 126-16 have the right to appeal to the State Human Resources Commission. In North Carolina, the power to terminate employment rests largely in the hands of the employer. 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