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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
North Carolina employers must provide employees 14 or 15 years of age with a 30 minute
break when scheduled to work over 5 hours. NCGS § 95-25.5(e).
North Carolina employers are not required to provide either a rest break (generally 10 or 15
minutes) or a meal break (usually 30 minutes or more) for anyone who is 16 years of age
or older. However, in accordance with federal law, if an employer chooses to provide
additional breaks, they must be paid. Meal or lunch periods do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. NC Dept.
of Labor Facts.
North Carolina employers must provide employees 14 or 15 years of age with a 30 minute
break when scheduled to work over 5 hours. NCGS § 95-25.5(e).
North Carolina employers are not required to provide either a rest break (generally 10 or 15
minutes) or a meal break (usually 30 minutes or more) for anyone who is 16 years of age
or older. However, in accordance with federal law, if an employer chooses to provide
additional breaks, they must be paid. Meal or lunch periods do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. NC Dept.
of Labor Facts.
Vacation
In North Carolina, employers are not required to provide employees with vacation benefits,
either paid or unpaid. NC Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract. N.
C. Gen. Stat. § 95-25.2(16).
If an employer establishes a vacation policies, the policy must address:
- How and when vacation is earned so that the employees know the amount of vacation to
which they are entitled;
- Whether or not vacation time may be carried forward from one year to another, and if so, in
what amount;
- When vacation time must be taken;
- When and if vacation pay may be paid in lieu of time off; and
- Under what conditions vacation pay will be forfeited upon discontinuation of employment
for any reason. NC Admin. Code 13 NCAC 12.0306.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
employer has properly notified its employees in writing of the vacation policy. N.C. Gen.
Stat. § 95-25.12; NC Dept. of Labor FAQs; NC Admin. Code 13 NCAC 12.0306.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as the employer has properly notified its
employees in writing of the vacation policy. N.C. Gen. Stat. § 95-25.12; NC Admin. Code 13
NCAC 12.0306; NC Dept. of Labor FAQs.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. N.C. Gen. Stat. § 95-25.12; NC Admin. Code
13 NCAC 12.0306; NC Dept. of Labor FAQs.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. N.C. Gen.
Stat. § 95-25.12; NC Admin. Code 13 NCAC 12.0306.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as the employer has properly notified its employees in writing of the vacation policy. N.
C. Gen. Stat. § 95-25.12; NC Admin. Code 13 NCAC 12.0306; NC Dept. of Labor FAQs.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employer has properly notified its employees in
writing of the vacation policy. N.C. Gen. Stat. § 95-25.12; NC Admin. Code 13 NCAC
12.0306; NC Dept. of Labor FAQs.
In North Carolina, employers are not required to provide employees with vacation benefits,
either paid or unpaid. NC Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract. N.
C. Gen. Stat. § 95-25.2(16).
If an employer establishes a vacation policies, the policy must address:
- How and when vacation is earned so that the employees know the amount of vacation to
which they are entitled;
- Whether or not vacation time may be carried forward from one year to another, and if so, in
what amount;
- When vacation time must be taken;
- When and if vacation pay may be paid in lieu of time off; and
- Under what conditions vacation pay will be forfeited upon discontinuation of employment
for any reason. NC Admin. Code 13 NCAC 12.0306.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
employer has properly notified its employees in writing of the vacation policy. N.C. Gen.
Stat. § 95-25.12; NC Dept. of Labor FAQs; NC Admin. Code 13 NCAC 12.0306.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as the employer has properly notified its
employees in writing of the vacation policy. N.C. Gen. Stat. § 95-25.12; NC Admin. Code 13
NCAC 12.0306; NC Dept. of Labor FAQs.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. N.C. Gen. Stat. § 95-25.12; NC Admin. Code
13 NCAC 12.0306; NC Dept. of Labor FAQs.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. N.C. Gen.
Stat. § 95-25.12; NC Admin. Code 13 NCAC 12.0306.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as the employer has properly notified its employees in writing of the vacation policy. N.
C. Gen. Stat. § 95-25.12; NC Admin. Code 13 NCAC 12.0306; NC Dept. of Labor FAQs.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employer has properly notified its employees in
writing of the vacation policy. N.C. Gen. Stat. § 95-25.12; NC Admin. Code 13 NCAC
12.0306; NC Dept. of Labor FAQs.
Severance
North Carolina law does not require employers to provide employees with severance pay.
If an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
North Carolina law does not require employers to provide employees with severance pay.
If an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
North Carolina law does not require employers to provide employees with either paid or
unpaid holiday leave. NC Dept. of Labor FAQs. In North Carolina, an employer can require
an employee to work holidays. An employer does not have to pay an employee premium
pay, such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
North Carolina law does not require employers to provide employees with either paid or
unpaid holiday leave. NC Dept. of Labor FAQs. In North Carolina, an employer can require
an employee to work holidays. An employer does not have to pay an employee premium
pay, such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
North Carolina's current minimum wage is $7.25. NC Dept. of Labor Facts. Some
exceptions apply to North Carolina's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
North Carolina's current minimum wage is $7.25. NC Dept. of Labor Facts. Some
exceptions apply to North Carolina's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
North Carolina requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. NM Dept. of Workforce Solutions FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
North Carolina requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. NM Dept. of Workforce Solutions FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
Sick Leave
North Carolina law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in North Carolina may be required to provide an employee unpaid sick leave
in accordance with the Family and Medical Leave Act or other federal laws.
North Carolina law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in North Carolina may be required to provide an employee unpaid sick leave
in accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
No employer may discharge or demote any employee because the employee has been
called for jury duty, or is serving as a juror.
North Carolina Stat. 9-32
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
No employer may discharge or demote any employee because the employee has been
called for jury duty, or is serving as a juror.
North Carolina Stat. 9-32
