Please use the link below to access contact information. This section contains user-friendly summaries of North Carolina laws as well as citations or links to relevant sections of North Carolina's official online statutes. You can contact the Department of Labor via these channels: There are two branch offices of the Federal Department of Labor located in North Carolina. Or do I apply once we arrive to North Carolina? Now lets take a deeper dive into questions about labor law for on call employees, compensation, and on call work. You will not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons. Complete Labor Law Poster; Digital Labor Law Poster; Labor Law Poster with Automatic Updates; . A requirement for employers is to give employees unpaid sick leave, as per the Family and Medical Leave Act (FMLA) and other federal legislation. Not sure how it works in NC. Note: To be considered imminent danger, the following conditions must be met: 1) death or serious physical harm must be threatened; serious physical harm is impairment of the body such as to render the part of the body affected functionally useless or substantially reduced in efficiency; and 2) the threat must be immediate or imminent. Please look out for further instructions in the letter. Our firm operates on a contingency fee basis; if we win, we collect a percentage of the total amount we recover for you, instead of charging you up-front costs or hourly fees.2 Thats right, you pay nothing out of your pocket up front. Should you have any questions or concerns about drug testing requirements under North Carolina law, please contact Denis Jacobson at djacobson@tuggleduggins.com or (336) 271-5242 or Daniel Stratton at dstratton@tuggleduggins.com or (336 . Help us keep Minimum-Wage.org up-to-date! Telephone 800-665 (old number) or 800-60 (new number) toll-free in the UAE for any labour related issues, including contracts, work conditions, labour cards, work permits. Press Option 3 for Discrimination and then ask for the Information Officer. You are entitled to overtime (time and a half) for hours worked over 40 in the week if you are a non-exempt employee. What was it. *If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access . Youll find the location details and contact information on the official website of the Unemployment Office in your state. For a discrimination or harassment case, seek out the local Equal Employment Opportunity Commission (EEOC) office at: Phone: (704) 344-6682 or TTY (704) 344-6684, Suite 201, 2303 West Meadowview Road, 27405-7813, Phone: (336) 547-4188 or TTY (336) 333-5542, Phone: (919) 856-4064 or TTY (919) 856-4296. I want to thank everybody who worked on my case at James Scott Farrin. $700 / 50 = $14 per hour. Employers must post their 2022 OSHA 300 A Annual Summary of Work- Related Injuries and Illnesses As per NC legislation, employees must pay accrued vacation to an employee upon leaving company employment if a policy or contract says so. . Deductions. Next, multiply the hourly rate by 0.5 for every overtime hour during the week. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. Mailing Address 1101 Mail Service Center Raleigh, NC 27699-1101. If there is nothing noted in the established policy or employment contract about paying out vacation leave to an employee upon his or her separation from the company, the employer must pay this leave. Further, the act gives complainants the right to request that their names not be revealed to their employers. Unemployment Benefits Exhausted. Your Job description or Title Has anyone been injured or made ill as a result of this problem? Employment law governs the rights and duties between employers and workers. Short: Federal law requires 12 weeks of unpaid sick leave.. There are many ways an employment law attorney can help you, and it doesnt have to be cost prohibitive to get this help. Rarely does the NC Department of Labor take matters to court, which means that many companies get away without paying promised wages to workers. 1-800-NC-LABOR Ive been waiting a year. Often, this is decided on a case-by-case basis. Secure websites use HTTPS certificates. How long (to your knowledge) has the condition existed? Its now may 9th 2021. Copyright 2023 Law Offices of James Scott Farrin, Former Workers Compensation Client, Online Google Review. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. The fastest and most efficient way to apply for unemployment benefits is to visit our website atdes.nc.gov. Raleigh, NC 27601 Phone: 1-800-NC-LABOR (1-800-625-2267) E-mail: ask.edb@nclabor.com Web: http://www.nclabor.com/edb/edb.htm REDA Information: http://www.nclabor.com/edb/reda_act.pdf Disabled Persons: An employee may file a lawsuit in an appropriate court. Have employees been informed or trained regarding hazardous conditions? Customer Call Center: 888-737-0259(Do not call if you are an employer. Phone Number. If an employer decides to offer holiday leave (paid or unpaid), it must follow employment policy or contract already in place. The NClabor board provides a team of 17 investigators to ensure employers within the state pay employees when they are due. Individuals and claimants should contact the Customer Call Centerwith questions regarding benefits and assistance with unemployment insurance claims, sign in or password resets. The misclassification of employees treating them as independent contractors instead of employees is becoming more common in todays workplace. 26 escalations. WHD offers a number of useful compliance resources intended to provide employers with readily accessible, easy-to-understand information relevant . I have been trying to get unemployment since October 2021. Dr. Tamika Ledbetter Commissioner Department of Labor and Workforce Development PO Box . Ive tried that number and several others, but I cant get anyone to answer any of them. Youhave this new thing called ID me which will not ID me. North Carolina Save time! Oftentimes, employers with resources and power can seem intimidating. If you are an employee and believe that your employer is violating labor law - for example, paying you less than the North Carolina minimum wage or violating overtime pay laws - call your nearest Department of Labor office and they will be able to advise you of your rights and help you recover any owed wages. North Carolina law also gives employees the right to take time off work, without fear of retaliation, for the civic responsibility of serving on a jury. And I had to fight to get that. For workplace complaints about health and safety, as well as information, contact the Division of Safety and Health of the North Caroline Department of Labor (NCDOL). If an employee files a wage complaint with us and we cannot resolve their complaint, they are still free to take their own legal action. Every inspector has a Qualified Elevator Inspector certificate. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). Phone (Toll Free): 866-278-3822(This is for employersonly. Box 25903, Raleigh, 27611-6504 or contact the central office of the Division of Employment Security at: Enforcing the North CarolinaWage and Hour Act, as well as the Controlled Substance Examination Regulation Act, the Job Listing Services Act, and Private Personnel Services Act is all the responsibility of the Wage and Hour/Labor Standards Violations State Agency. Customers needing assistance with their unemployment insurance claim should contact us via phone at 888-737-0259. An employer can also establish a policy or enter a contract disqualifying employees from paying accrued vacation when they stop working with the company if they do not follow certain guidelines, such as providing twoweeks notice, as long as the employer properly notifies the employees of this policy and it's in writing. North Carolina employers must be careful to comply with all drug testing requirements under North Carolina law or risk facing state-imposed penalties and fees. She is the co-author of the North Carolina chapter of Employment at Will: A State-by-State Survey (ABA/BNA 2011-2015) and has been named to both North Carolina Super Lawyers and N.C. Legal Elite for employment law. Hi, Secure websites use HTTPS certificates. Mailing . What's on your mind? Attorneys fee calculated on gross recovery, before deduction of any court or other costs that are incurred during the case. Secure websites use HTTPS certificates. Company Name. It has been full for the going on 3 weeks. Contact us toll-free at 1 (800) 458-2541 to see if we can help. Rate of Pay (i.e. To better serve you, we ask that you have the following information available when you call: Your name N.C. Department of LaborPhysical Address4 West Edenton St. I have tried to reach someone repeatedly with no answer or returned called. Gross wages. But what about the hours you are not actually working? To learn more, view our full privacy policy. But be careful, just because your employer says you are exempt or an independent contractor, it does not necessarily mean you are. In addition to the North Carolina state contacts listed on this page, you can call the Federal DOL's national hotline from 8am to 5pm with questions at 1-866-4USWAGE (1-866-487-9243). G.S. Was this document helpful? Sometimes you just have to talk to a live person to get answers to your questions. State Government websites value user privacy. Occupational Safety & Health Division Statistics by Year Ending date of employment. Together, we can tell your employer you mean business. What process and/or operation is involved? He will usually not be paid for the time between trips. Press 3 for assistance in all other languages. Widespread abuse of employees within North Carolina was exposed by The News & Observer and The Charlotte Observer in a 5-part series titled Contract to Cheat. These newspapers estimated that 1/3 of NC construction workers are not treated properly under the law. My question to you is, when do I initiate the unemployment benefits application? For more information, or to file a discrimination complaint, contact the REDB: 1-800-NC-LABOR (1-800-625-2267) (in-state-only) or 919-807-2831 (local and out-of-state). Employees are protected by law against being discharged or demoted because they have been called for jury duty or to sit as a juror. Nights, Weekends, and Holidays: Calls answered by the DOL National Contact Center. State Government websites value user privacy. Am I eligible for unemployment? Media,legislators, andother government agencies needing information about DES and the unemployment insurance program in North Carolina should contact the Communications Office by email at: des.pio@nccommerce.com. 2. Raleigh, NC 27601, Mailing Address While employees do not have to get a paid meal or lunch break, they do have to be able to do as they want during this time period. Instead, we only get an attorney's fee if we obtain compensation for you. Raleigh, NC 27699-1101 Want High Quality, Transparent, and Affordable Legal Services? Raleigh, NC 27699-1101, An official website of the State of North Carolina, Employee Rights Regarding Time Worked and Wages Earned. Prior results do not guarantee similar outcomes because each case is unique and must be evaluated separately. Also, employers can craft their own policies for temporary employees. A lock icon or https:// means youve safely connected to the official website. Office of Administrative Law Judges (OALJ) Office of Congressional and Intergovernmental Affairs (OCIA) Office of Disability Employment Policy (ODEP) . 1. If you are on call, you are supposed to be accessible if your employer calls you. I can understand your situation. The standard federal Family and Medical Leave Act (FMLA) applies to North Carolina (as it is in all the states in the U.S.A). 1101 Mail Service Center Before becoming an attorney, Molly was a litigation paralegal, a university researcher, and a law professor. What do I need to do? I moved here from New York and had filed with them before the moved. Certificate of Coverage and Notice to Workers as to Benefits. They enforce the Occupational Safety and Health Act of North Carolina that dates back to 1973, which applies to the majority of private workplaces and all state and local government agencies. North Carolina labor laws allow an employer to pay wages by direct deposit so long as the wages are deposited into an institution whose deposits are insured by the federal government or into a financial institution selected by the employee. Federal law requires 12 weeks of unpaid sick leave. If you are an employer, please go online using your employer portal or contact the Employer Call Center at 866-278-3822. In 2014 and 2015, North Carolina Super Lawyers named Ms. Wetsch one of the Top 25 Women Attorneys in North Carolina. 9 min read. North Carolina Labor Laws include the North Carolina Wage and Hour Act (WHA). The Spanish version is publication number 3167. Share it with your network! On average, the attorneys have 14 years of experience to draw from when they assist you. OSH jurisdiction is limited to workplaces within North Carolina and includes only hazards that currently exist or have existed within the past six months. Employers who do business in this state must pay all employees at least this amount hourly. Secure websites use HTTPS certificates. Small Business and Technology Development Center. No additional state laws. 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. Each state has an exclusive framework for military spouses. The employment law team here at the Law Offices of James Scott Farrin is dedicated to helping workers protect their rights. On Jan. 2, 2021, Josh Dobson was sworn in as North Carolina's 18th labor commissioner. Have any attempts been made to correct the problem? Same thing happen to me and I lost signal too and they couldnt call me back its ridiculous!!! On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill (SB) 208, An Act Making Various Changes to the Labor Laws of North Carolina, which includes changes to the pay notice provisions for employees and payment of final wages to separated employees. There are several services that are available from the Division of Employment Security's Legal Services Section. What Does the FLSA Say About Being On Call? Get precise answers to your questions about the NC labor board, either as an employee or employer in North Carolina, when you post your legal need in our UpCounsel Marketplace. To file a Retaliatory Employment Discrimination complaint with the NC Department of Labor, or call 1-800-NC-LABOR (1-800-625-2267). As per North Carolinalaw, the North Carolina Wage and Hour Act doesn't apply to NC state, not to any city, municipal area, town, county, or local agency. How many shifts work in the area and what times do they start? Keep in mind that federal law prevents your employer from retaliating against you in any way for talking to the Department of Labor about potential labor law violations. Some examples of discrimination are firing, demotion, transfer, layoff, losing opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, or denial of benefits such as sick leave or vacation time. NC labor board, also known as the North CarolinaDepartment of Labor, exists to make North Carolina workplaces safe and healthy. Contact. You can contact any of these offices for assistance with Federal labor law related matters, including filing a complaint, requesting labor law posters, claiming unpaid overtime, and more. There are no wage and hour laws that limit the amount of hours a person 18 years of age or older can work, and your employer is free to adjust your hours whether you agree or not. N.C. 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