North Carolina Employee Rights: Everything You Need to Know
As an employee in North Carolina, it is essential to understand your rights and protections under state and federal laws. Knowing your rights can help you avoid discrimination, harassment, wage theft, and wrongful termination. In this article, we will explore North Carolina employee rights, their protections, and how to assert them.
Equal Employment Opportunity
Equal employment opportunity, or EEO, is a fundamental right that every employee has. It is illegal for employers to discriminate against any employee or applicant based on race, gender, age, religion, national origin, sexual orientation, disability, or any other protected characteristic.
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit employment discrimination. North Carolina also has its own non-discrimination laws. The North Carolina Department of Labor is responsible for enforcing these laws.
If you feel that you have been discriminated against, you can file a complaint with the EEOC or the North Carolina Department of Labor. You may also file a private lawsuit against your employer for discrimination.
Wage and Hour Laws
North Carolina has both state and federal wage and hour laws that set out minimum wage and overtime requirements. Currently, the federal minimum wage is $7.25 per hour, while North Carolina’s minimum wage is the same. However, some cities and counties in North Carolina have their own minimum wage laws.
In North Carolina, employers are required to pay overtime to any employee who works more than 40 hours per week. Overtime pay is generally one and a half times the employee’s regular rate of pay.
Employers are also required to provide breaks to employees who work certain hours. For example, employees who work five hours or more are entitled to a 30-minute break per state law.
If you believe your employer is not following state or federal wage and hour laws, you can file a complaint with the North Carolina Department of Labor.
Family and Medical Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for certain family and medical reasons. Eligible employees can take up to 12 weeks of unpaid leave each year. This leave can be used for the birth or adoption of a child, caring for a family member with a serious health condition, or an employee’s own serious health condition.
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours in the past year, and work at a location with at least 50 employees within a 75-mile radius.
If you are eligible for FMLA leave, your employer must provide you with the necessary leave and job protection. If your employer violates your FMLA rights, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
Worker’s Compensation
North Carolina requires employers to provide worker’s compensation insurance to their employees. This insurance provides benefits to employees who are injured or become ill as a result of their job. Benefits can include things like medical treatment, compensation for lost wages, and disability benefits.
If you are injured on the job, it is essential to report your injury to your employer as soon as possible. Your employer should provide you with the necessary paperwork and instructions for filing your worker’s compensation claim.
If you have been denied worker’s compensation benefits, you have the right to file an appeal. You can do so by filing a request for review with the North Carolina Industrial Commission.
Whistleblower Protections
North Carolina and federal law provides protections for employees who report violations of law or wrongdoing by their employer or coworkers. These protections apply to employees who report things like workplace safety violations, discrimination, or fraud.
The North Carolina Retaliatory Employment Discrimination Act makes it illegal for employers to retaliate against an employee who has filed a complaint or testified in an investigation. If you believe you have been retaliated against for reporting a violation or wrongdoing, you may have a claim for wrongful termination.
Additional Resources
North Carolina employees have access to several resources that can help them understand their rights and protections. The North Carolina Department of Labor is responsible for enforcing many of North Carolina’s employment laws and provides information on their website to help employees understand their rights.
The U.S. Department of Labor’s Wage and Hour Division is responsible for enforcing federal wage and hour laws and provides information on their website to help employees understand their rights under federal law.
Conclusion
As an employee in North Carolina, it is essential to understand your rights and protections. Knowing your rights can help you avoid discrimination, harassment, wage theft, and wrongful termination. With this knowledge, you can assert your rights and protect yourself in the workplace.
Quick Guide to North Carolina Employee Rights
NC employee rights
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.:
NC employee rights Protecting Workers in the Hiring Process
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.
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. Statute 95-232 discusses drug testing, and 95-240 through 246 discuss retaliatory employment discrimination.
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)
Fair Pay and Equal Pay
There are also North Carolina employee rights that cover various employee rights in minimum wage and fair pay and equal pay. Some of these rights are listed below:
The Fair Pay and Equal Pay Acts
These acts prohibit sex-based discrimination within the same job. 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.
Various Employee Rights with Minimum Wage
The current minimum wage in NC is $7.25. 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. 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.
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. 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.
