北卡的欠薪:法律怎么规定的

法条怎么规定的

结清工资细节

No fixed number of days. N.C.G.S. § 95-25.7: 'Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by trackable mail if requested by the employee in writing.' The deadline is identical whether the employee was fired or quit — the statute says 'for any reason' and NC DOL's guidance draws no distinction.

展开完整规定

Separate rule for variable pay: 'Wages based on bonuses, commissions or other forms of calculation shall be paid on the first regular payday after the amount becomes calculable when a separation occurs.' Such wages 'may not be forfeited unless the employee has been notified in accordance with G.S. 95-25.13 of the employer's policy or practice which results in forfeiture. Employees not so notified are not subject to such loss or forfeiture.' The 'trackable mail ... in writing' language was added by Session Law 2021-82, s. 6.

逾期支付的罚则

None. North Carolina has no California-style per-day waiting-time penalty.

展开完整规定

I reviewed the complete section list of Article 2A of Chapter 95 (the NC Wage and Hour Act) and no section imposes a per-day or waiting-time penalty for late final wages; the civil penalties in §§ 95-25.23, 95-25.23A are for youth-employment and record-keeping violations and are payable to the State, not the employee.

The employee's monetary remedy for late or unpaid final wages is unpaid wages + interest + liquidated damages under § 95-25.22.

州最低工资

$7.25 / 小时

强于联邦法的加班规定

No rule stronger than the FLSA. N.C.G.S. § 95-25.4(a): 'Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week.' There is no North Carolina daily-overtime requirement and no double-time requirement.

展开完整规定

Former subsection (b) was 'Repealed by Session Laws 1991, c. 330, s. 2, effective June 19, 1991.'

法定加倍赔偿

Yes. Under N.C.G.S. § 95-25.22 an employer who violates the wage provisions is liable for the unpaid wages plus interest at the legal rate, and the court must additionally award liquidated damages in an amount equal to the amount found to be due — except that where the employer shows the violation was in good faith and it had reasonable grounds to believe it was not in violation, the court has discretion to award no liquidated damages or a reduced amount.

展开完整规定

The court may also order costs and 'reasonable attorneys' fees to be paid by the defendant.'

追诉时效

2 年

受理投诉的机构

North Carolina Department of Labor, Wage and Hour Bureau

自己去读原文

官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。

• N.C. Gen. Stat. § 95-25.7 — N.C.G.S. § 95-25.7 — Payment to separated employees; full verbatim text obtained from the official NC General Assembly statutes site, with history line '(1975, c. 413, s. 4; 1979, c. 839, s. 1; 1981, c. 663, s. 1; 1993, c. 214, s. 1; 2021-82, s. 6.)'
• N.C. Gen. Stat. § 95-25.22 (incl. § 95-25.22(f); 2-yr limit via N.C. Gen. Stat. § 1-53) — N.C.G.S. § 95-25.22 — Recovery of unpaid wages: unpaid wages + legal interest, mandatory liquidated damages equal to amount found due (good-faith discretion), attorneys' fees, and 'Actions under this section must be brought within two years pursuant to G.S. 1-53.'
• N.C. Gen. Stat. § 95-25.3(a) — N.C.G.S. § 95-25.3(a) — Minimum wage: 'wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher'; history line ends '2017-185, s. 3(b).'
• N.C. Gen. Stat. § 95-25.4 — N.C.G.S. § 95-25.4 — Overtime: time and one half over 40 hours per workweek; subsection (b) repealed effective June 19, 1991; history line ends '2017-185, s. 3(c).'
• N.C. Gen. Stat. ch. 95, art. 2A (§§ 95-25.1 to 95-25.25) — NC Wage and Hour Act, Article 2A of Chapter 95 — complete section list, used to confirm that no section creates a per-day / waiting-time penalty and that § 95-25.4 contains no seasonal-amusement 45-hour overtime provision
• N.C. Dep't of Labor, Minimum Wage in N.C. (official agency guidance) — NC Department of Labor — Minimum Wage in N.C.: 'The minimum wage in North Carolina is currently $7.25 an hour.' and 'an employer MUST pay at least $2.13 an hour to tipped employees as long as each employee receives enough in tips to make up the difference between the wages paid and the minimum wage ($7.25).'
• N.C. Dep't of Labor, Payment of Final Wages to Separated Employees — NC Department of Labor — Payment of Final Wages to Separated Employees (official agency guidance restating § 95-25.7; confirms no fired-vs-quit distinction)
• N.C. Dep't of Labor, Employee Rights Regarding Time Worked and Wages Earned — NC Department of Labor — Employee Rights Regarding Time Worked and Wages Earned: '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.'

最近核实: 2026-08-17