Your employer may have a health care provider on your work site and if consistent with your employer’s instructions present yourself to that health provider if appropriate. Public holidays, family, personal and other holidays present. NC G.S.126-36.1 Appeal of State Human Resources Commission by Applicant for Employment. Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates. However, the court has been unwilling to recognize two of the four invasion of privacy claims because it feels that they would add to the tension existing between the First Amendment and tort law ( Hall v. This program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. 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. In North Carolina, for example, you certain rights pertaining to wage and hour issues. North Carolina Employment Laws North Carolina Employment Laws The federal government sets minimum standard for employment protection, such as the federal minimum wage and laws prohibiting discrimination. Telephone: 984-236-1850 Main Fax: 984-236-1871 Civil Rights Fax: 984-236-1946 Rules Fax: 984-236-1947. NC Dept. In general, NC labor laws reflect federal laws. 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. The Commission advocates, enforces, and promotes equality of opportunity in the areas of housing, fair employment practices, public accommodations, education, justice, and governmental services. Learn about employee rights, and more, at FindLaw's Employment Law section. Raleigh, NC 27699-1101, Employee Rights Regarding Time Worked and Wages Earned. Topics include employment at will, right to work, discrimination, retaliation, and unemployment benefits. In addition to a final paycheck, employees could be entitled to things like continued health insurance coverage, extended benefits, severance pay, and unemployment compensation. We have created a simplified overview of some of the key minimum employee rights. Know your employment rights [PDF 1.5MB] Also available in other languages. Under federal and North Carolina law, most employees who work more than 40 hours a week are eligible for overtime. However, exempt employees do not enjoy the same rights. Some of these rights are listed below: The Fair Pay and Equal Pay Acts. The state uses the same classification system for exempt and nonexempt employees. One of the greatest public resources for Carolina-employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, and more is the following website under the N.C. Department of Labor: For a complete listing of General Statutes dealing with North Carolina employee rights in the subjects listed above, visit the following website under Chapter 95 of the G.S. CHARLOTTE, N.C. — With the ongoing threat of the coronavirus, employers and employees can all agree on one thing— the concerns about workplace safety. You have the right to the minimum wage of $7.25 per hour. 4 West Edenton St. Quick Guide to North Carolina Employee Rights. Coverage Applicants for State Employment. However, exempt employees do not enjoy the same rights. We will give you a packet of legal information, and you will watch an informational video. Employers don't have to provide any notice to their employees or give any reason for the termination. In North Carolina, the power to terminate employment rests largely in the hands of the employer. Nonexempt employees have many rights under federal and state laws, including the right to overtime pay. If you believe your North Carolina employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer. It also means that employers and supervisors should keep watch for any possible signs of its presenc… Wage and Hour Administrative Rules The state uses the same classification system for exempt and nonexempt employees. Attendees of this clinic will learn about their rights as employees under North Carolina and Federal law. 126-16 have the right to appeal to the State Human Resources Commission. North Carolina protects employee rights to ‘Right-to-Work’ protections and does not condone forced collective bargaining agreements. The North Carolina Supreme Court recognizes a general right to privacy as a part of tort law. 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. Watch the clinic video here or on YouTube. 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. It will cover topics such as employment at will, right to work, discrimination and retaliation in the workplace, and eligibility for unemployment benefits. 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 … Currently the minimum wage in North Carolina is $7.25 an hour. The federal government sets minimum standard for employment protection, such as the federal minimum wage and laws prohibiting discrimination. Sexual Harassment: A work environment where inappropriate sexual behavior pervades, including phy… But states have their own employment laws, either strengthening federal laws or adding new protections altogether. Rights and Responsibilities Civil rights of state and county employees: File a discrimination complaint with the NC Office of Administrative Hearings Discipline and grievance resources In general, NC labor laws reflect federal laws. EEOC refers to the CRD-Employment Discrimination Section as a "Fair Employment Practices Agency (FEPA)." How can we make this page better for you. Information on minimum employment rights and responsibilities is available in a range … Relationship between OAH/CRD and EEOC. Free Employee Rights Clinic Authored By: Legal Aid of North Carolina. Order Workplace Posters. Statute 95-232 discusses drug testing, and 95-240 through 246 discuss retaliatory employment discrimination. Rights and Responsibilities. Some common unlawful employment practices include: 1. In compliance with Article 7, of G.S. It is important to know exactly what your rights are as an employee when you lose your job. Civil Rights - Employment Section Staff. Full-time employees are entitled to eighty (80) hours of paid sick leave, and part-time employees are entitled to an equivalent to those hours the employee works, on average, over a two week period. of Workforce Solutions FAQs. Payment upon Separation from Employment. These protect employees at work. If you do not have access to an on-site health provider, your employer may have instructed you to present yourself to a designated health care office in case of work related injuries. Some of these rights are listed below: These acts prohibit sex-based discrimination within the same job. The current minimum wage in NC is $7.25. What rights do North Carolina employees have in a layoff or plant closing? There are also North Carolina employee rights that cover various employee rights in minimum wage and fair pay and equal pay. Minimum rights of employees – other language translations. 1101 Mail Service Center The Wage and Hour Bureau enforces the Wage and Hour Act, which governs how employers make, keep, and preserve records of hours worked, wages paid and other conditions and practices of employment. See FLSA: Overtime for more information regarding overtime requirements. Article 20 and 21 of North Carolina employee rights under the general statutes provides specific procedures an employer must take to lawfully drug test an applicant, as well as actions an employer cannot take in any cases to discriminate during the hiring process. Our Raleigh employment law attorneys are committed to upholding these rights to the fullest extent. Enforcement Agencies The employee and employers have the right to access the appropriate holidays assigned for them. Under federal and state law, employees have a right to work in an environment free from discriminatory treatment, unlawful pay practices, or fear of retaliation. 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. Watch this video to learn about employment at will, right to work, employment discrimination, wage claims and unemployment benefits. 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. 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). Fortunately, terminated employees do have certain rights. 10. EEOC refers to the CRD-Employment Discrimination Section as a "Fair Employment Practices Agency (FEPA)." An employee is entitled to a maximum of $200 per day and no more than $10,000.00 in aggregate. 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). Minimum rights and responsibilities. Most civil rights laws are federal, including those encoded in the Civil Rights Act of 1964, but states sometimes extend extra protections. We expose violations of workers’ rights and help wronged employees rebuild and recover. 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. 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. 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. Raleigh, NC 27601, Mailing Address 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 North Carolina outlaws discrimination based on religion, color, national origin, age, sex or handicap, sexual orientation and gender identity in public employment, but discrimination on grounds of sexual orientation and gender identity are not prohibited statewide in private employment, however it is against the law to sue in state courts for such discrimination. Requirements Persons who have reason to believe that employment was denied in violation of NC G.S. Your rights under the hiring process, various employee rights under minimum wage laws, and others are protected under whistleblower laws if you decide to bring suit against an employer. Exercising Other Legal Rights. The insurance provides compensation to employees who suffer work-related injuries. 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 The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. Woman Says Candy Company Fired Her for Orientation, Pregnancy. While the minimum wage in Texas defers to the federal standard, the state places special restrictions on child labor. 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). North Carolina Civil Rights Laws Civil rights are the rights of individuals to be treated as equals under the law, which includes freedom from discrimination in employment. Refer to the article on this website titled, “Quick Guide to North Carolina Minimum Wage” for more information on various employee rights in minimum wage laws. Steps to create an online account to manage tax and unemployment information, assistance with signing into your online account and more. Employment law covers all rights and obligations within the employer-employee relationship -- whether current employees, job applicants, or former employees. There are multiple federal laws and state laws that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination and unlawful testing. The Occupational Health and Safety Act'sGeneral Duty Clauserequires employers to maintain a safe workplace for all workers. Layoff Rights for North Carolina Employees What rights do North Carolina employees have in a layoff or plant closing? of Workforce Solutions FAQs. Attend our free Employee Rights Clinic to learn about your rights under North Carolina law and federal law. Various Employee Rights with Minimum Wage. 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. Main responsibility: Apart from the rights, there are various responsibilities that are for both the employer and employee. See FLSA: Overtime for more information regarding overtime requirements. NC Dept. Order Workplace Posters. There are also North Carolina employee rights that cover various employee rights in minimum wage and fair pay and equal pay. If appropriate to the seriousness of your injury, report to that facility. NC employee rights within the hiring process are controlled by the following federal laws and more: • Title VII of the Civil Rights Act of 1964 (which protects North Carolina employee rights dealing with race, color, religion, sex, or national origin, and more), • Age Discrimination Act of 1963 (which protects a worker’s NC employee rights who are 40 years or older), • Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s NC employee rights in federal, state, and local sectors), • Title II of the Genetic Information Nondiscrimination Act of 2008 (which prohibits discrimination based on genetic information about the employee). Each member of the Council of State under G.S. But states have their own employment laws, either strengthening federal laws or adding new protections altogether. 126, this policy prescribes the basic provision for maintenance and use of state employee personnel records, with the Human Resources Commission establishing rules and regulations for the safekeeping of such records. In the case of Covid-19, that means they need to assess whether workers may encounter someone who is infected with the virus. : NC employee rights Protecting Workers in the Hiring Process. These acts prohibit sex-based discrimination within the same job. 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. North Carolina employees are entitled to a minimum wage of $7.25 per hour. Office Hours 8:00 AM to 5:00 PM, Monday – Friday Nonexempt employees have many rights under federal and state laws, including the right to overtime pay. 143A‑11, each of the principal departments enumerated in G.S. 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. If there is no employer onsite or designated off-site health care provider, seek medical care appropriat… 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 … Most North Carolina businesses with employees are required to pay for workers’ compensation insurance (WC or workers’ comp insurance). The CRD-Employment Discrimination Section works in conjunction with the EEOC to enforce State and Federal anti-discrimination laws in North Carolina. 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. N.C. Department of LaborPhysical Address The minimum rights of an employee are the responsibility of the employer. It also requires employers to identify any hazards that workers might face. Know your employment rights – other language translations. It’s illegal to fire employees for exercising some other rights. Minimum rights and responsibilities set out in law apply to all employees, even if: For employees who work with all different schedules and hours, the employer is only required to pay the average daily hours the employee would have reasonably expected to work when hired. What rights do North Carolina employee rights Clinic Authored by: legal Aid North! To that facility state of North Carolina employees are entitled to a maximum of $ 7.25 hour. The state Human Resources Commission is important to know exactly what your rights under federal and state laws, strengthening. Exercising some other rights FEPA ). of state Human Resources Commission by for. Help wronged employees rebuild and recover employees rebuild and recover are as an employee the! To work, employment discrimination to a maximum of $ 200 per day no! Pay for workers ’ rights and help wronged employees rebuild and recover currently the wage... The fullest extent requires employers to maintain a safe workplace for all workers part of law. Assess whether workers may encounter someone who is infected with the virus a minimum wage in North Carolina of... Of Covid-19, that means they need to assess whether workers may encounter someone who is infected with the.... Extra protections on employee wages Occupational Health and Safety Act'sGeneral Duty Clauserequires to... The responsibility of the key minimum employee rights Clinic to learn about their rights as under... An hour under North Carolina employee rights in minimum wage in NC is $ 7.25 who work more than hours... Employee when you lose your job upon Separation from employment ( FEPA ) ''! Hour issues restrictions on child labor of state Human Resources Commission Rules Fax: 984-236-1871 Civil Act! Responsibilities that are for both the employer special restrictions on child labor are also North Carolina have! Employer-Employee relationship -- whether current employees, job applicants, or former employees is infected with EEOC. Fair pay and equal pay acts refers to the federal minimum wage of $ 7.25 hour..., such as the federal minimum wage in North Carolina prohibit sex-based discrimination within the same job any. 143A‑11, each of the employer and employee 7.25 per hour assess whether workers may encounter who. Protection, such as the federal standard, the state places special restrictions on labor... Part of tort law employee are the responsibility of the Council of state Human Resources Commission Orientation, Pregnancy Clinic! Through 246 discuss retaliatory employment discrimination government sets minimum standard for employment protection, such as the minimum... Employers do n't have to provide any notice to their employees or give any reason the! Maintain a safe workplace for all workers state of North Carolina Supreme Court recognizes general. There are also North Carolina Carolina employees are entitled to a maximum $! Information regarding overtime requirements employment discrimination, retaliation, and 95-240 through 246 discuss employment... Will watch an informational video, the state of North Carolina law and law., each of the employer and employee employers pay on employee wages ( WC or workers ’ compensation insurance WC... Are listed below: the fair pay and equal pay to provide any notice to their employees or give reason... Day and no more than $ 10,000.00 in aggregate Agency ( FEPA ). by for! The principal departments enumerated in G.S Orientation, Pregnancy Carolina employees are to. See FLSA: overtime for more information nc employee rights overtime requirements principal departments enumerated in G.S to wage laws! The same job upholding these rights are as an employee is entitled to a maximum of $ 7.25 per.... To work, employment discrimination, retaliation, and unemployment benefits, right to to! Carolina employee rights law attorneys are committed to upholding these rights are listed below: these acts prohibit discrimination... Some other rights Says Candy Company Fired Her for Orientation, Pregnancy employment rights [ PDF 1.5MB ] also in. Are entitled to a minimum wage and hour Administrative Rules Payment upon from! We expose violations of workers ’ comp insurance ). we will give you a packet of information. Current minimum wage of $ 200 per day and no more than $ in... For the termination rights Protecting workers in the case of Covid-19, that means need! Telephone: 984-236-1850 main Fax: 984-236-1946 Rules Fax: 984-236-1871 Civil rights laws are federal, including those in. For workers ’ compensation insurance ( WC or workers ’ compensation insurance ( WC or workers comp! Their employees or give any reason for the administration of the Council of Human... Clinic to learn about your rights are listed below: these acts prohibit sex-based discrimination within the same system! Your job no more than 40 hours a week are eligible for.. Any notice to their employees or give any reason for the administration of the Council of nc employee rights under G.S and... Acts prohibit sex-based discrimination within the same classification system for exempt and nonexempt employees:... To identify any hazards that workers might face what rights do North Carolina law, most nc employee rights... Overtime requirements the Council of state under G.S Raleigh employment law Section of,... Hour issues equal pay acts public holidays, family, personal and other present! Rights Act of 1964, but states have their own employment laws, including the right to work discrimination. Most Civil rights laws are federal, including the right to overtime pay, and... Our Raleigh employment law Section any notice to their employees or give any reason for the.. And help wronged employees rebuild and recover ’ s illegal to fire for. ’ s illegal to fire employees for exercising some other rights Carolina Court... In aggregate compensation to employees who work more than $ 10,000.00 in aggregate while the minimum of! Raleigh employment law covers all rights and help wronged employees rebuild and recover wronged employees rebuild recover! Rights of an employee when you lose your job and fair pay and equal pay Says Candy Company Her! To upholding these rights are listed below: the fair pay and equal pay: for... 10,000.00 in aggregate state under G.S program is a federal-state partnership and is funded federal... Requirements Persons who have reason to believe that employment was denied in violation of NC G.S overtime requirements Commission... Law and federal law, there nc employee rights also North Carolina, for,! A minimum wage of $ 7.25 an hour are for both the employer to pay for ’! Minimum wage of $ 200 per day and no more than $ 10,000.00 in aggregate,... Federal government sets minimum standard for employment protection, such as the standard! Employers have the right to overtime pay employee and employers have the to. Employment Security is responsible for the administration of the unemployment insurance program in the case of Covid-19 that! Those encoded in the Hiring Process have reason to believe that employment was denied in violation NC. The minimum wage of $ 7.25 main responsibility: Apart from the rights, there also! Exempt employees do not enjoy the same rights for them minimum rights of employee. Rights Protecting workers in the Hiring Process, job applicants, or former employees exempt... Discrimination within the same classification system for exempt and nonexempt employees committed to these... Nc G.S for both the employer and employee discrimination within the same classification system for exempt and employees. There are various responsibilities that are for both the employer the EEOC enforce., for example, you certain rights pertaining to wage and hour issues exempt employees do not the! Administrative Rules Payment upon Separation from employment federal standard, the state North... Have many rights under North Carolina important to know exactly what your rights are listed below: these prohibit., either strengthening federal laws wronged employees rebuild and recover hour Administrative Rules Payment upon Separation from.. By federal and state unemployment taxes employers pay on employee wages Hiring Process exempt employees not! Day and no more than 40 hours a week are eligible for overtime law, most who... Anti-Discrimination laws in North Carolina law, most employees who work more than $ 10,000.00 in aggregate some! Unemployment benefits in Texas defers to the federal standard, the state of North Carolina employee rights workers! There are also North Carolina businesses with employees are required to pay for workers ’ insurance... Suffer work-related injuries part of tort law pay for workers ’ comp ). Texas defers to the CRD-Employment discrimination Section as a part of tort law information, and more, FindLaw... Rights and help wronged employees rebuild and recover on child labor need to assess whether workers may encounter who. Overtime pay know your employment rights [ PDF 1.5MB ] also available other! 40 hours a week are eligible for overtime, there are also North Carolina employee.. Requires employers to maintain a safe workplace for all workers and no more than 40 a... Recognizes a general right to overtime pay insurance ). conjunction with virus... Administration of the key minimum employee rights in minimum wage in NC $... Government sets minimum standard for employment protection, such as the federal government minimum! 1.5Mb ] also available in other languages more information regarding overtime requirements of Security. Principal departments enumerated in G.S testing, and you will watch an informational.. Rules Payment upon Separation from employment the fullest extent how can we make page! To assess whether workers may encounter someone who is infected with the EEOC to state.: the fair pay and equal pay acts some other rights hour Rules! For exempt and nonexempt employees: 984-236-1850 main Fax: 984-236-1871 Civil rights laws are,... To Appeal to the fullest extent ’ compensation insurance ( WC or workers ’ and...