All North Carolina employers with five or more employees are required to post the North Carolina Department of Labor’s (NCDOL) Wage and Hour Notice to Employees. (NCGS § 95-9) The NCDOL has updated the North Carolina Wage and Hour Notice to Employees to clarify employees’ rights under certain state labor laws. Revisions were made to two sections of the Notice: Overtime and Retaliatory Employment Discrimination.
North Carolina Overtime
In general, the North Carolina Wage and Hour Act requires employers to pay their employees time and one-half after 40 hours of work in any one workweek. Prior to 2018, employees of a seasonal amusement or recreational establishments were entitled to overtime pay after 45 hours of work in a workweek.
In 2018, the Wage and Hour Act was amended making employees of a seasonal amusement or recreational establishments exempt from overtime pay entirely. Because of this change in law, the reference to overtime pay at seasonal amusement or recreational establishments was removed from the Wage and Hour Notice. Instead, verbiage was added explaining that state overtime provisions do not apply to certain types of employees and specifically employees classified as exempt under the Fair Labor Standards Act. A list of exemptions can be found in NCGS § 95-25.14.
Retaliatory Employment Discrimination
The Retaliatory Employment Discrimination section provides additional details about the N.C. Retaliatory Employment Discrimination Act (REDA). First, the text informs employees that the NCDOL’s Retaliatory Employment Discrimination Bureau investigates complaints for alleged violations of REDA.
Second, the text clarifies that an employer may not retaliate against an employee for engaging in REDA-protected activities, such as filing a claim or initiating an inquiry, related to certain rights under 11 REDA-covered statutes. (NCGS § 95-241) These statutes are listed on the Wage and Hour Notice. Complaints for violations of the Paraphernalia Control Act has been added to this list.
How Can You Comply with North Carolina Posting Requirements?
- Employers who have an existing North Carolina All-On-One™ Labor Law Poster can comply with the posting requirement using the 2020 North Carolina Wage and Hour Act Peel ‘N Post™ sticker.
- New customers who purchase a new North Carolina All-On-One Labor Law Poster are also 100% compliant with North Carolina posting requirements.
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