North Carolina Employment and Labor Law

North Carolina employment lawsuits allege employees in North Carolina have been improperly treated by their employees. North Carolina employment law requires employees be paid a minimum wage and overtime wage and prevents employees from being fired under certain circumstances. If employers in North Carolina violate North Carolina labor law, employees may be able to file a lawsuit.

North Carolina is an "at will" employment state, meaning that unless certain exceptions apply, a person can be fired for no reason or any reason at all. Employers can also decide if employees can see their own personnel file.

Exceptions to the employment at will doctrine include the existence of an employment contract—employment termination may not violate the conditions set out in the contract—and termination based on discrimination. It is illegal for an employer to fire an employee for the employee's inclusion in a protected category, including race, age, sex, religion, disability or pregnancy.

Employers cannot retaliate against employees for engaging in activity protect by the Occupational Safety and Health Act, the Mine Safety and Health Act, the Workers Compensation Act or the North Carolina Wage and Hour Act.

The North Carolina minimum wage is currently $7.25 an hour. Overtime starts at more than 40 hours in a workweek and is calculated at one-and-one-half times the regular rate of pay.

Employers of tipped employees are able to use a tip credit towards minimum wage, provided that the employees are notified in advance and are allowed to keep all tips. Tip pooling is allowed if employees keep at least 85 percent of the tips they receive. Further, employers must maintain accurate records of employee tips. Tipped employees must be paid overtime based on the employee's regular rate of pay, including both the case wage paid and the tip credit.

The Family and Medical Leave Act (FMLA) allows eligible employees to have unpaid leave for family and/or medical reasons without risk of losing their job or loss of health insurance. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for the birth of a child; placement of a child for adoption; care for a family member with a serious health conditions; the employee's own health condition; issues linked to a family member on active duty.

The Occupational Safety and Health Act (OSHA) covers private sector employers and employees and ensures workers have working conditions that do not pose a risk of serious harm. Workers are entitled to file OSHA complaints without suffering retaliation from their employer. Among OSHA standards are requirements that employers provide safety equipment and respirators where needed, provide training for certain dangerous jobs, prevent exposure to harmful chemicals and provide fall protection.

Employees who have had their North Carolina labor rights violated by employers may be eligible to file a lawsuit against their employers.

North Carolina Employment Legal Help

If you or a loved one has suffered North Carolina Employment and Labor Law losses, please click the link below and your complaint will be sent to a North Carolina Employment lawyer who may evaluate your claim at no cost or obligation.
Last updated on Feb-17-16