{"id":375458,"date":"2016-03-31T21:36:15","date_gmt":"2016-04-01T02:36:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-pay-day-requirements.html"},"modified":"2016-06-20T19:50:16","modified_gmt":"2016-06-21T00:50:16","slug":"north-carolina-pay-day-requirements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-pay-day-requirements.html","title":{"rendered":"North Carolina Pay Day Requirements"},"content":{"rendered":"\n
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North Carolina Pay Day Requirements<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In North Carolina, federal and state laws govern pay day requirements. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers.<\/p>\n

The FLSA applies to most employers, including the federal government, state and local governments, schools, and virtually all private employers.<\/p>\n

Here, we will focus on the state law called the North Carolina Wage and Hour Act, including pay day requirements (frequency and manner), minimum wages and overtime pay.<\/p>\n

Pay Day Requirements: How Often<\/h2>\n

North Carolina employers have a few options when it comes to how often<\/a> to pay their employees: one (1) time per month, two (2) times per month, every two (2) weeks, every week, or more frequently.<\/p>\n

Method of Payment<\/h2>\n

Wages may be paid in cash or check. Employers can also pay by direct deposit or issue a "payroll debit card" to an employee — a stored value debit card that provides an employee access to his or her wages, for withdrawal or transfer by the employee, through a network of automatic teller machines. There are two stipulations:<\/p>\n

1) The employee can withdraw all monies due on payday; and<\/p>\n

2) One-time use of the card by the employee on payday is at no cost to the employee.<\/p>\n

What is the Minimum Wage in North Carolina?<\/h2>\n

The minimum wage for employees in North Carolina is $7.25 per hour.<\/p>\n

When is a North Carolina Employee Entitled to Overtime Pay?<\/h2>\n

If an eligible employee works more than 40 hours in a single week, he or she will be entitled to 1 1\/2 times their hourly pay rate. Certain workers are extempt from receiving overtime pay such as executives receiving a salary or elected officials.<\/p>\n

See Fair Wages FAQ<\/a>, Exempt Employees<\/a>, and Employees Rights 101<\/a> the for more information.<\/p>\n\n
Code Sections<\/b><\/td>\n

Wage and Hours in the Workplace:<\/p>\n

1) Fair Labor Standards Act (FLSA)<\/a><\/p>\n

2) North Carolina Wage and Hour Act<\/a><\/p>\n<\/td>\n<\/tr>

Pay Day Requirements<\/b><\/td>\n

Employers are free to establish weekly, biweekly, or monthly paydays, but must adhere to the schedule once it has been established.<\/p>\n<\/td>\n<\/tr>

Method of Payment<\/b><\/td>\n

Cash, Check and Direct Deposit or Payroll Debit Card.<\/p>\n<\/td>\n<\/tr>

Minimum Wage<\/b><\/td>\n

Hourly Employees: $7.25 per hour<\/p>\n<\/td>\n<\/tr>

Overtime Pay <\/b><\/td>\nIf employee works more than 40 hour per week: 1 1\/2 times hourly rate.<\/td>\n<\/tr>
Employers Who Must Follow Minimum Wage Laws<\/b><\/td>\n

Applies to all businesses doing business in North Carolina<\/p>\n<\/td>\n<\/tr>

Workers Not Covered Under State Minimum Wage Law<\/b><\/td>\n
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  • Agricultural<\/div>\n<\/li>\n
  • Domestic employees<\/div>\n<\/li>\n<\/ul>\n

    These employees are subject to the federal minimum wage.<\/p>\n<\/td>\n<\/tr>

Enforcement<\/b><\/td>\n

North Carolina Department of Labor\u2019s Wage and Hour Bureau<\/a>, 1-800-625-2267.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

North Carolina employment laws are constantly changing. Please consider contacting a local North Carolina employment lawyer<\/a> who can help you better understand the current North Carolina laws.<\/p>\n

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