North Carolina employment law compliance requirements

North Carolina enforces reasonable non-competes supported by consideration and protecting legitimate business interests.

N.C. Common Law · effective Jan 2020

Any agreement limiting a person's right to do business or engage in employment in North Carolina must be in writing and signed by the party to be charged. Oral non-compete agreements are completely void and unenforceable.

N.C. Gen. Stat. § 75-4 · effective Mar 1913 · source

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers must notify employees in writing at the time of hiring of their rate of pay, payment schedule, and location of payment. Any reduction in pay requires at least a 24-hour written notice before the change takes effect.

N.C. Gen. Stat. § 95-25.13 · effective Jul 1979 · source

Employers must provide up to 4 hours of unpaid leave per year to any employee who is a parent, guardian, or person standing in loco parentis to a school-aged child to attend school activities. The employee must provide a written request at least 48 hours in advance.

N.C. Gen. Stat. § 95-28.3 · effective Dec 1993 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Employees who are separated from employment for any reason must be paid all wages due on or before the next regular payday. If requested by the employee in writing, the final paycheck must be sent via mail.

N.C. Gen. Stat. § 95-25.7 · effective Jul 1979 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

No youth under the age of 16 shall be employed for more than 5 consecutive hours without an interval of at least 30 minutes for a rest period. No rest or meal breaks are required for employees aged 16 or older.

N.C. Gen. Stat. § 95-25.5(c) · effective Jul 1979 · source