Quick Guide to Minimum Wage in North Carolina
Minimum Wage in North Carolina
There are multiple state and federal laws that apply differently to certain employers in the state. This article will discuss the different minimum wages in North Carolina, as well as specific information on North Carolina General Statutes and procedures for filing a claim against an employer.
What is the Minimum Wage in North Carolina?
G.S. 95-25.3 Minimum Wage discusses the different minimum wages in North Carolina:
(a) This section was repealed in 2006 and changed the minimum wage from $6.15 per hour to $7.25 per hour in 2009. All other sections below apply to current minimum wages in North Carolina.
(b) The wage rate for full-time student, learners, apprentices, and messengers, hall be 90 percent of the current minimum wage and rounded to the lowest nickel
(c) The Commissioner may at any time establish a wage rate less than the minimum wage in North Carolina for people with impaired production capacity or who are impaired by age, physical or mental deficiency or injury
(d) The Commissioner may establish a wage rate of 85% of the current minimum wage in North Carolina for those who have been unemployed for at least 15 weeks, are receiving Work First Family Assistance, or who are receiving benefits under Title XVI of the Social Security Act
(e) The Commissioner may establish at any time minimum wages in North Carolina at 85% of the normal minimum wage for those who are employed for seasonal amusement, by a recreational establishment, or a food service establishment
(f) Tipped employees minimum wage in North Carolina shall be a cash wage of $2.13 and a tip credit of $5.12. This statute also states than a tipped employee can keep all of their tips if notified in advance by the employer who maintains complete and accurate records. If there is tip pooling, no employees tips may be reduced by more than 15%.
Statute 95-25.7A Wages in dispute is also a very important statute for employees. The statute states the following about claiming minimum wages in North Carolina:
“If the amount of wages is in dispute, the employer shall pay the wage, or that part of the wages, which the employer concedes to be due without condition, within the time set by this Article.”
Section (b) extends the employee’s rights and states that acceptance of partial payment for wages does not constitute a release of the balance in the claim.
How do I file a Wage Claim?
If you believe you have been denied minimum wages in North Carolina, you can file a claim with the North Carolina Department of Labor. If you want to file a claim for the minimum wage in North Carolina, the wage payment must be more than $50 and you must wait 10 days if the wages were on your last paycheck. Call (919) 807-2796 to file a claim.