- North Carolina salary labor laws are designed to ensure that workers are paid properly for their efforts.money money image by Valentin Mosichev from Fotolia.com
There are laws in place in the United States to protect workers from salary abuses and misconduct on behalf of employers. In North Carolina, these laws are overseen and carried out by the NC Department of Labor. It is important for every worker in North Carolina to understand the law and know her rights. - Salary is usually used to describe the yearly gross sum paid to an employee regardless of the number of hours worked. Wage refers to the hourly rate of pay. In North Carolina, workers are essentially treated the same way under the law, regardless of whether they earn a wage or salary. However, the term "wage" is used almost exclusively within the law code. Also, there are some areas where distinctions are made, as with overtime pay and underage workers.
- In most cases, when an employee is put on a salary, overtime pay is no longer an option. However, placing an employee on a salary does not automatically eliminate overtime pay. Workers must be officially exempt from overtime pay by meeting certain tests that vary according to the level of the position (manager, supervisor, professional employee). These tests should be explicitly described in the employee bylaws of the company.
An underage or minor worker is defined as a worker under the age of 18 with a valid youth employment certificate. Underage workers are almost never paid a salary, but if this occurs, the worker must be paid according to the law. - Wage benefits are defined as any incentives given to an employee outside of paid work hours. Holiday pay, vacation pay, jury duty compensation, and sick leave are all considered wage benefits. Employers are not required by law to pay any benefits unless those benefits are explicitly stated in any worker contract or the laws of the company. Salary workers are entitled to any wage benefits that are offered to other employees if the employer offers any benefits.
- North Carolina employers are required to provide to employees in writing the exact terms under which the employee will be paid, including pay period, amount, included benefits and non-paid activities. Employers are required to pay separated employees for all work done up until the most recent pay period. Salary employees will not be paid the full amount of the yearly salary after termination, unless such a severance benefit is described in the company policy. Employers must keep detailed records of all relevant information concerning salaried and wage-earning employees in the event of a review by the Labor Commissioner.
- If an employee's salary or wages are in dispute, the employer must pay any wages that are due without condition and may offer partial payment of wages under the condition that the employee accepts. The employer cannot require that an employee end a claim if accepting partial payments. The North Carolina Labor Commissioner is given full authority to inspect employer payment practices and issue penalties. An employer that is found to be illegally withholding payments, keeping inaccurate records, violating the youth employment rules or violating any part of the employee contract can be punished with fines, jail time or both.
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