Quick Guide to North Carolina Employee Rights. Minimum rights and responsibilities set out in law apply to all employees, even if: 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. It also means that employers and supervisors should keep watch for any possible signs of its presenc… The insurance provides compensation to employees who suffer work-related injuries. The federal government sets minimum standard for employment protection, such as the federal minimum wage and laws prohibiting discrimination. Our Raleigh employment law attorneys are committed to upholding these rights to the fullest extent. EEOC refers to the CRD-Employment Discrimination Section as a "Fair Employment Practices Agency (FEPA)." Each member of the Council of State under G.S. 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. Minimum rights and responsibilities. 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. 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. 1101 Mail Service Center 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. We have created a simplified overview of some of the key minimum employee rights. 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. North Carolina employees are entitled to a minimum wage of $7.25 per hour. In the case of Covid-19, that means they need to assess whether workers may encounter someone who is infected with the virus. 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. We will give you a packet of legal information, and you will watch an informational video. It’s illegal to fire employees for exercising some other rights. Some common unlawful employment practices include: 1. Steps to create an online account to manage tax and unemployment information, assistance with signing into your online account and more. Some of these rights are listed below: These acts prohibit sex-based discrimination within the same job. 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. If appropriate to the seriousness of your injury, report to that facility. 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. 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 … Fortunately, terminated employees do have certain rights. Statute 95-232 discusses drug testing, and 95-240 through 246 discuss retaliatory employment discrimination. 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 An employee is entitled to a maximum of $200 per day and no more than $10,000.00 in aggregate. Payment upon Separation from Employment. 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. Attendees of this clinic will learn about their rights as employees under North Carolina and Federal law. Requirements Persons who have reason to believe that employment was denied in violation of NC G.S. 10. Free Employee Rights Clinic Authored By: Legal Aid of North Carolina. 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 How can we make this page better for you. Watch this video to learn about employment at will, right to work, employment discrimination, wage claims and unemployment benefits. There are also North Carolina employee rights that cover various employee rights in minimum wage and fair pay and equal pay. The minimum rights of an employee are the responsibility of the employer. See FLSA: Overtime for more information regarding overtime requirements. 4 West Edenton St. 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. There are also North Carolina employee rights that cover various employee rights in minimum wage and fair pay and equal pay. The Occupational Health and Safety Act'sGeneral Duty Clauserequires employers to maintain a safe workplace for all workers. However, exempt employees do not enjoy the same rights. Order Workplace Posters. Information on minimum employment rights and responsibilities is available in a range … Attend our free Employee Rights Clinic to learn about your rights under North Carolina law and federal law. The current minimum wage in NC is $7.25. NC G.S.126-36.1 Appeal of State Human Resources Commission by Applicant for Employment. 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. Relationship between OAH/CRD and EEOC. The state uses the same classification system for exempt and nonexempt employees. Various Employee Rights with Minimum Wage. It will cover topics such as employment at will, right to work, discrimination and retaliation in the workplace, and eligibility for unemployment benefits. Sexual Harassment: A work environment where inappropriate sexual behavior pervades, including phy… These acts prohibit sex-based discrimination within the same job. Employment law covers all rights and obligations within the employer-employee relationship -- whether current employees, job applicants, or former employees. Public holidays, family, personal and other holidays present. NC Dept. Wage and Hour Administrative Rules Nonexempt employees have many rights under federal and state laws, including the right to overtime pay. 126-16 have the right to appeal to the State Human Resources Commission. 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 Commission advocates, enforces, and promotes equality of opportunity in the areas of housing, fair employment practices, public accommodations, education, justice, and governmental services. 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. Enforcement Agencies Some of these rights are listed below: The Fair Pay and Equal Pay Acts. In general, NC labor laws reflect federal laws. In addition to a final paycheck, employees could be entitled to things like continued health insurance coverage, extended benefits, severance pay, and unemployment compensation. In general, NC labor laws reflect federal laws. 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. North Carolina protects employee rights to ‘Right-to-Work’ protections and does not condone forced collective bargaining agreements. Nonexempt employees have many rights under federal and state laws, including the right to overtime pay. 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). 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. Raleigh, NC 27699-1101, Employee Rights Regarding Time Worked and Wages Earned. 143A‑11, each of the principal departments enumerated in G.S. Know your employment rights – other language translations. Order Workplace Posters. 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. of Workforce Solutions FAQs. 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. However, exempt employees do not enjoy the same rights. 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. CHARLOTTE, N.C. — With the ongoing threat of the coronavirus, employers and employees can all agree on one thing— the concerns about workplace safety. The North Carolina Supreme Court recognizes a general right to privacy as a part of tort law. 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. Coverage Applicants for State Employment. The CRD-Employment Discrimination Section works in conjunction with the EEOC to enforce State and Federal anti-discrimination laws in North Carolina. In North Carolina, the power to terminate employment rests largely in the hands of the employer. Most civil rights laws are federal, including those encoded in the Civil Rights Act of 1964, but states sometimes extend extra protections. See FLSA: Overtime for more information regarding overtime requirements. 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. Most North Carolina businesses with employees are required to pay for workers’ compensation insurance (WC or workers’ comp insurance). 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. What rights do North Carolina employees have in a layoff or plant closing? 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 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. But states have their own employment laws, either strengthening federal laws or adding new protections altogether. Exercising Other Legal Rights. Layoff Rights for North Carolina Employees What rights do North Carolina employees have in a layoff or plant closing? Woman Says Candy Company Fired Her for Orientation, Pregnancy. 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. 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. Learn about employee rights, and more, at FindLaw's Employment Law section. 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 … Telephone: 984-236-1850 Main Fax: 984-236-1871 Civil Rights Fax: 984-236-1946 Rules Fax: 984-236-1947. 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. But states have their own employment laws, either strengthening federal laws or adding new protections altogether. 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. EEOC refers to the CRD-Employment Discrimination Section as a "Fair Employment Practices Agency (FEPA)." 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 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). Currently the minimum wage in North Carolina is $7.25 an hour. Employers don't have to provide any notice to their employees or give any reason for the termination. If there is no employer onsite or designated off-site health care provider, seek medical care appropriat… In compliance with Article 7, of G.S. This program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. Topics include employment at will, right to work, discrimination, retaliation, and unemployment benefits. You have the right to the minimum wage of $7.25 per hour. Know your employment rights [PDF 1.5MB] Also available in other languages. NC Dept. 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. N.C. Department of LaborPhysical Address It also requires employers to identify any hazards that workers might face. of Workforce Solutions FAQs. Main responsibility: Apart from the rights, there are various responsibilities that are for both the employer and employee. Civil Rights - Employment Section Staff. While the minimum wage in Texas defers to the federal standard, the state places special restrictions on child labor. 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. 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). 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). Raleigh, NC 27601, Mailing Address These protect employees at work. Office Hours 8:00 AM to 5:00 PM, Monday – Friday 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 employee and employers have the right to access the appropriate holidays assigned for them. Under federal and North Carolina law, most employees who work more than 40 hours a week are eligible for overtime. Minimum rights of employees – other language translations. Watch the clinic video here or on YouTube. 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