North Carolina Administrative Code

13 NCAC 07F .0714 MISFIRES Additions and amendments to 29 CFR 1926.911 Misfires apply throughout the Rules in this Section as follows: (a) If a misfire is found, the Blaster-in-Charge shall invoke sufficient safeguards to exclude all employees from the potential blast area. (b) N…

13 NCAC 07F .0715 UNDERWATER BLASTING Additions and amendments to 29 CFR 1926.912 Underwater Blasting apply throughout the Rules in this Section as follows: (a) In underwater blasting, no shot shall be fired without the approval of the Blaster-in-Charge. (c) Only water-resistant …

13 NCAC 07F .0716 BLASTING IN EXCAVATION WORK UNDER COMPRESSED AIR Additions and amendments to 29 CFR 1926.913 Blasting in Excavation Work Under Compressed Air apply throughout the Rules in this Section as follows: (b) When detonators or explosives are brought into an air lock, t…

SECTION .0900 - CRANES AND DERRICKS STANDARDS 13 NCAC 07F .0901 SCOPE History Note: Authority G.S. 95-131; Temporary Adoption Eff. October 1, 2009; Eff. September 1, 2010; Temporary Repeal Eff. November 8, 2010; Repealed Eff. February 1, 2011.

SUBCHAPTER 07G - hANDLING OF ANTINEOPLASTIC aGENTS SEction .0100 - iNCORPORATED sTANDARDS 13 NCAC 07G .0101 Handling of antineoplastic agents (a) The following recommendations with respect to the handling of antineoplastic agents are incorporated by reference, including subsequen…

13 NCAC 09C .0112 SEASONAL RECREATIONAL PROGRAMS: LOCAL GOVERNMENTS History Note: Filed as an Emergency Amendment Eff. October 31, 1979 to Expire on December 30, 1979; Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days Authority G.S. 95-25.3; 95-25.…

13 NCAC 09C .0113 SUBMINIMUM WAGE FOR STUDENTS: LEARNERS: AND APPRENTICES History Note: Authority G.S. 95-25.3; Eff. July 1, 1980; Repealed Eff. November 1, 1980.

13 NCAC 09C .0425 CRITERIA FOR THE GRANTING OF WAIVERS History Note: Filed as an Emergency Amendment (2) Eff. October 31, 1979, to Expire on December 30, 1979; Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979; Author…

13 NCAC 09D .0104 GENERAL DEFINITIONS History Note: Authority G.S. 95-39; Eff. October 10, 1976; Readopted Eff. September 30, 1977; Repealed Eff. June 1, 1979.

13 NCAC 09D .0205 RESTRICTIONS History Note: Authority G.S. 95-38; 95-39; Eff. February 1, 1976; Repealed Eff. October 10, 1976.

13 NCAC 09D .0307 CLOSING OF AGENCY History Note: Authority G.S. 95-39; Eff. February 1, 1976; Repealed Eff. October 10, 1976.

13 NCAC 09D .0308 RECORDS History Note: Authority G.S. 95-39; 95-40; Eff. February 1, 1976; Amended Eff. October 10, 1976; Readopted Eff. September 30, 1977; Repealed Eff. June 1, 1979.

13 NCAC 09D .0309 SPECIFICALLY PROHIBITED PRACTICES History Note: Authority G.S. 95-39; Eff. February 1, 1976; Repealed Eff. October 10, 1976.

13 NCAC 09D .0310 COMPLAINT History Note: Authority G.S. 95-39; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. June 1, 1979.

SECTION .0100 - GENERAL PROVISIONS 13 NCAC 12 .0101 WAGE AND HOUR DIVISION History Note: Authority G.S. 95-25.17; Eff. November 1, 1980; Amended Eff. November 1, 1988; July 1, 1988; Repealed Eff. April 1, 1999.

13 NCAC 12 .0102 STATE AND FEDERAL LAWS AND INTERPRETATIONS AVAILABLE Copies of state and federal laws which are incorporated by reference in the Wage and Hour Act will be available for inspection in the office of the Department of Labor. Copies of judicial and administrative int…

13 NCAC 12 .0103 FEDERAL LAW AS GUIDE Where the legislature has adopted the language or terminology of the Fair Labor Standards Act (F.L.S.A.) for the purpose of facilitating and simplifying compliance by employers with both the federal and state labor laws, or has incorporated a…

13 NCAC 12 .0104 FORMS History Note: Authority G.S. 95-25.3; 95-25.5; 95-25.17; 95-25.19; 95-25.22; Eff. November 1, 1980; Amended Eff. February 1, 1982; Repealed Eff. April 1, 1999.

SECTION .0200 - SUBMINIMUM WAGES 13 NCAC 12 .0201 SUBMINIMUM WAGE: STUDENTS: LEARNERS: APPRENTICES: ETC. History Note: Authority G.S. 95-25.3; Eff. November 1, 1980; Repealed Eff. February 1, 1982.

13 NCAC 12 .0202 DISABLED WORKER CERTIFICATION (a) For purposes of this Rule, a "disabled worker" means an individual whose earning capacity is impaired by age or physical or mental deficiency or injury for the work he is to perform. (b) An application for the issuance of a disab…

SECTION .0300 – WAGES 13 NCAC 12 .0301 BOARD: LODGING OR OTHER FACILITIES (a) "Wage" paid to an employee includes the reasonable cost of furnishing employees with board, lodging and other facilities where there is benefit to the employee and the benefit has been received by the e…

13 NCAC 12 .0302 COMPUTATION OF REASONABLE COST (a) For the purpose of calculating the wage paid to an employee, in an establishment which regularly provides meals to the public, the reasonable cost of furnishing employees meals will be computed as 50 percent of the established r…

13 NCAC 12 .0303 TIPS AND TIP CREDITS (a) Tips are not wages. Tips may be counted toward wages only to the extent set forth in Paragraphs (e), (f) and (g) of this Rule. (b) A tip shall not include a service charge which the employer requires the customer to pay, no matter what th…

13 NCAC 12 .0304 WITHHOLDING OF WAGES (a) Employers shall furnish each employee an itemized statement indicating the amount and purpose of all deductions, diversions, payments or withholding of wages for each pay period in which deductions or recoupments are made. (b) "Criminal p…

13 NCAC 12 .0305 AUTHORIZATION FOR WITHHOLDING OF WAGES (a) When an authorization is required by the Act, the monetary limitations and time requirements specified in G.S. 95-25.8 of the Wage and Hour Act apply and shall not be waived. (b) Deductions for the convenience of the emp…

13 ncac 12 .0306 VACATION PAY (a) All vacation policies and practices shall address: (1) How and when vacation is earned so that the employees know the amount of vacation to which they are entitled; (2) Whether or not vacation time may be carried forward from one year to another,…

13 NCAC 12 .0307 BONUSES, COMMISSIONS AND OTHER FORMS OF WAGE CALCULATION (a) Employers may pay wages based on bonuses, commissions or other forms of calculation as infrequently as annually, if the employees are so notified before earning such wages. (b) Employers shall notify em…

13 NCAC 12 .0308 FINAL PAY FOR SEPARATED EMPLOYEES (a) For purposes of G.S. 95-25.7 and these Rules: (1) "Separated employees" are employees whose employment has been discontinued either voluntarily or involuntarily for any reason. (2) "The next regular payday" is the payday for …

13 NCAC 12 .0309 FORM OF PAYMENT OF WAGES G.S. 95-25.6 and G.S. 95-25.7 do not require a specific form of payment. Therefore, the employer may select any legal form of payment, so long as payment is made in full on the designated payday, subject to authorized deductions and legal…

13 NCAC 12 .0310 "OTHER AMOUNTS PROMISED" AS WAGES "Other amounts promised" as that term is used in G.S. 95-25.2(16) are those amounts which the employer has promised or has a policy or practice of paying and shall include, but are not limited to, travel expenses, holiday pay, bi…

SECTION .0400 - YOUTH EMPLOYMENT 13 ncac 12 .0401 CERTIFICATION OF YOUTHS (a) Unless exempted by the Wage and Hour Act, all employees under 18 years of age must obtain a youth employment certificate prior to starting work. Where there is no employer-employee relationship, a youth…

13 NCAC 12 .0402 APPLICATION FOR A YOUTH EMPLOYMENT CERTIFICATE (a) A youth employment certificate may be obtained: (1) electronically from the Department of Labor; or (2) from the county director of social services' office in the county in which the youth resides or the county i…

13 ncac 12 .0403 REVIEW: ISSUANCE AND MAINTENANCE OF CERTIFICATES (a) The county director of social services, approved designee or the Department of Labor shall review the youth employment certificate to see that it is complete and shall ascertain the age of the youth by the mean…

13 NCAC 12 .0404 WAIVER (a) When an application for a waiver of any youth employment provision is received, if the proposed employment is in the best interest of the youth and his health and safety will not be adversely affected, the Department shall issue a waiver for the youth.…

13 NCAC 12 .0405 REVOCATION (a) The Administrator of the Wage and Hour Bureau or his designated representative shall review the issuance of all youth employment certificates by county social services directors. If upon review, or because of any other circumstance, the Administrat…

13 ncac 12 .0406 DETRIMENTAL OCCUPATIONS (a) The following occupations are found and declared to be detrimental to the health and well-being of youths. No youth under 18 years of age may be employed by an employer in these detrimental occupations: (1) Welding, brazing and torch c…

13 ncac 12 .0407 DESIGNATION OF YOUTH EMPLOYMENT CERTIFICATE ISSUERS (a) County directors of social services may, subject to approval by the Commissioner of Labor, designate personnel outside their staffs to issue youth employment certificates. Requests for designee approval shal…

13 NCAC 12 .0408 DEFINITIONS RELATIVE TO ABC RESTRICTIONS (a) For purposes of G.S. 95-25.5(j) and the Rules in this Chapter, and in addition to the definitions promulgated by the NC Alcoholic Beverage Control Commission in 04 NCAC 02S, the following terms are defined: (1) Prepare…

13 ncac 12 .0409 PARENTAL EXEMPTION History Note: Authority G.S. 95-25.5; 95-25.19; Eff. April 1, 2001; Repealed Eff. January 1, 2007.

SECTION .0500 - JURISDICTION AND EXEMPTIONS 13 ncac 12 .0501 EXEMPTIONS (a) G.S. 95-25.14(a)(1) provides an exemption from the minimum wage, overtime, youth employment and related record keeping requirements of the Wage and Hour Act for any person employed in an "enterprise" as d…

13 NCAC 12 .0502 COUNTING EMPLOYEES History Note: Authority G.S. 95-25.14; 95-25.19; Eff. November 1, 1980; Amended Eff. July 1, 1988; Repealed Eff. April 1, 1999.

SECTION .0600 - INVESTIGATION AND ENFORCEMENT 13 NCAC 12 .0601 COMPLAINTS The complaint required by G.S. 95-25.15 to initiate a wage payment investigation of an F.L.S.A. covered establishment shall be made by contacting the Wage and Hour Bureau's complaint desk. All complaints sh…

13 NCAC 12 .0602 INVESTIGATIONS (a) The Commissioner shall afford the employer an opportunity to bring to the Commissioner's attention any information pertinent to the possible violations under investigation and any computation of wages possibly due an employee. The employer's fa…

13 NCAC 12 .0603 SUPERVISION OF PAYMENT History Note: Authority G.S. 95-25.16; 95-25.17; 95-25.19; 95-25.22; Eff. November 1, 1980; Repealed Eff. April 1, 1999.

13 NCAC 12 .0604 ADMINISTRATIVE REMEDIES (a) For purposes of 95-25.22(g), "exhausting administrative remedies" means that the Commissioner shall: (1) Investigate the alleged violations of the Act and afford the employer the opportunity to present evidence in its defense during su…

13 NCAC 12 .0605 LITIGATION History Note: Authority G.S. 95-25.15; 95-25.17; 95-25.19;. 95-25.20; 95-25.21; 95-25.22; Eff. November 1, 1980; Repealed Eff. April 1, 1999.

SECTION .0700 - CIVIL MONEY PENALTIES 13 NCAC 12 .0701 CIVIL PENALTIES (a) Any employer who violates the provisions of G.S. 95-25.5 (Youth Employment), G.S. 95-25.15(b) (Record Keeping) or these Rules is subject to a civil penalty for each violation. (b) Any person or establishme…

13 NCAC 12 .0702 CIVIL PENALTY ASSESSMENT (a) If the Commissioner finds that an employer has violated any of the provisions of G.S. 95-25.5, G.S. 95-25.15(b) or these Rules, the Commissioner may assess a civil penalty for each violation. (b) The maximum amount of a civil penalty …

13 NCAC 12 .0703 EXCEPTIONS TO CIVIL PENALTY An employer may take an exception to a civil penalty determination by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General S…

SECTION .0800 – RECORDKEEPING 13 ncac 12 .0801 RECORDS TO BE MAINTAINED (a) Every employer shall maintain complete and accurate records which contain the following information for each employee in each workweek, unless the employee is specifically exempted: (1) Name in full; (2) …