(a) This Article shall be known and may be cited as the "Wage and Hour Act."
(b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment of earned wages, and the well-being of minors are subjects of concern requiring legislation to promote the general welfare of the people of the State without jeopardizing the competitive position of North Carolina business and industry. The General Assembly declares that the general welfare of the State requires the enactment of this law under the police power of the State.
(c) Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017.
(d) The provisions of this Article supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment of earned wages, benefits, leave, or well-being of minors in the workforce. This subsection shall not apply to any of the following:
(1) A local government regulating, compensating, or controlling its own employees.
(2) Economic development incentives awarded under Chapter 143B of the General Statutes.
(3) Economic development incentives awarded under Article 1 of Chapter 158 of the General Statutes.
(4) A requirement of federal community development block grants.
(5) Programs established under G.S. 160D-1311. (1937, c. 409, s. 2; 1979, c. 839, s. 1; 2016-3, 2nd Ex. Sess., s. 2.1; 2017-4, s. 1; 2023-134, s. 5.9(a).)
Notes of Decisions
Amos v. Oakdale Knitting Co., 403 S.E.2d 565 (N.C. Ct. App. 1991).
· cites it 24× “Plaintiffs instituted this action seeking damages for wrongful discharge arising out of their employer's alleged violation of the North Carolina Wage and Hour Act, N.C.G.S. §§ 95-25.1 et seq. In their complaint plaintiffs alleged that prior to their termination, they were…”
Hyman v. Efficiency, Inc., 605 S.E.2d 254 (N.C. Ct. App. 2004).
· cites it 10× “, d/b/a Trojan Labor (“defendant”) after the trial court found no violations of the North Carolina Wage and Hour Act (“the NCWHA”), N.C. Gen. Stat. § 95-25.1 et seq. We affirm.”
Horack v. S. Real Est. Co. of Charlotte, Inc., 563 S.E.2d 47 (N.C. Ct. App. 2002).
· cites it 4× “” N.C. Gen. Stat. § 95-25.1 (b) (2001). An employee or the Commissioner of Labor may bring suit against an employer for violations of this act.”
Sawyer v. Mkt. Am., Inc., 661 S.E.2d 750 (N.C. Ct. App. 2008).
· cites it 6× “Plaintiff brought claims for breach of contract and for violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 (2007), et seq.”
Panos v. Timco Engine Ctr., Inc., 677 S.E.2d 868 (N.C. Ct. App. 2009).
· cites it 6× “Based, inter alia, on Defendant’s alleged breach of Plaintiff’s employment agreement and alleged violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 , Plaintiff filed a complaint against Defendant on 18 April 2006, seeking recovery of severance pay under…”
Rehberg v. Flowers Baking Co. of Jamestown, LLC, 162 F. Supp. 3d 490 (W.D.N.C. 2016).
· cites it 6× “, and the North Carolina Wage and Hour Act (“NCWHA”), N.C. Gen. Stat. §§ 95-25.1 , et seq. Plaintiffs allege they are misclassified by Defendants as independent contractors, as opposed to employees, and are therefore entitled to certain benefits under the FLSA and the NCWHA,…”
Gaxiola v. Williams Seafood of Arapahoe, Inc., 776 F. Supp. 2d 117 (E.D.N.C. 2011).
· cites it 4× “This matter is before the court on plaintiffs’ motion for partial summary judgment, defendants’ motion for partial summary judgment, and plaintiff Silvia Rubio Gaxiola’s (“Gaxiola”) motion for class certification of the claims brought pursuant to the North Carolina Wage and Hour…”
McCullough v. Branch Banking & Trust Co., Inc., 844 F. Supp. 258 (E.D.N.C. 1993).
· cites it 6× “The second state claim is that the defendant wrongfully withheld a bonus from the plaintiff in violation of the North Carolina Wage and Hour Act, N.C.G.S. §§ 95-25.1 — 95-25.-25. I. Plaintiffs Federal Rehabilitation Act Claim The Magistrate Judge recommended that the court grant…”
Romero v. Mountaire Farms, Inc., 796 F. Supp. 2d 700 (E.D.N.C. 2011).
· cites it 2× “, and the North Carolina Wage and Hour Act (“NCWHA”), N.C. Gen.Stat. §§ 95-25.1 et seq. Plaintiffs, and the classes they propose to represent, are current and former employees of Mountaire Farms of North Carolina, Inc.”
Powell v. P2Enterprises, LLC, 786 S.E.2d 798 (N.C. Ct. App. 2016).
· cites it 2× “Powell ("Robert") initiated this action on 13 March 2013 by filing a complaint against P2Enterprises, LLC ("P2E") and his father, Robert Henry Powell ("Powell") (collectively, "defendants"), alleging unpaid wages under the North Carolina Wage and Hour Act ("NCWHA"), N.C.…”
Garcia v. Frog Island Seafood, Inc., 644 F. Supp. 2d 696 (E.D.N.C. 2009).
· cites it 2× “22 of the North Carolina Wage and Hour Act, N.C. Gen.Stat. § 95-25.1 et seq. (“NCWHA”).”
N.C. Gen. Stat. § 95-25.1(b): 7 cases
Amos v. Oakdale Knitting Co., 403 S.E.2d 565 (N.C. Ct. App. 1991).
“Plaintiffs instituted this action seeking damages for wrongful discharge arising out of their employer's alleged violation of the North Carolina Wage and Hour Act, N.C.G.S. §§ 95-25.1 et seq. In their complaint plaintiffs alleged that prior to their termination, they were…”
Horack v. S. Real Est. Co. of Charlotte, Inc., 563 S.E.2d 47 (N.C. Ct. App. 2002).
“” N.C. Gen. Stat. § 95-25.1 (b) (2001). An employee or the Commissioner of Labor may bring suit against an employer for violations of this act.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.