NC General Statutes

N.C. Gen. Stat. § 95-25.2 (2026)

Definitions

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 95 CornellLII Search CasesGoogle Scholar

In this Article, unless the context otherwise requires:

(1) "Agriculture" includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations.

(2) "Commissioner" means the Commissioner of Labor.

(3) "Employ" means to suffer or permit to work.

(4) "Employee" includes any individual employed by an employer.

(5) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee.

(6) "Establishment" means a physical location where business is conducted.

(7) "The Fair Labor Standards Act" means the Fair Labor Standards Act of 1938, as amended and as the same may be amended from time to time by the United States Congress.

(8) "Hours worked" includes all time an employee is employed.

(9) "Payday" means that day designated for payment of wages due by virtue of the employment relationship.

(10) "Pay periods" may be daily, weekly, biweekly, semimonthly, or monthly.

(11) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. For the purposes of G.S. 95-25.2, G.S. 95-25.3, G.S. 95-25.14, and G.S. 95-25.20, it also means the State of North Carolina, any city, town, county, or municipality, or any State or local agency or instrumentality of government. The Government of the United States and any agency of the United States (including the United States Postal Service and Postal Rate Commission) are not included as persons for any purpose under this Article.

(12) "Seasonal food service establishment" means a restaurant, food and drink stand or other establishment generally recognized as a commercial food service establishment, preparing and serving food to the public but operating 180 days or less per year.

(13) "Seasonal religious or nonprofit educational conference center or a seasonal amusement or recreational establishment" means an establishment which does not operate for more than seven months in any calendar year, or during the preceding calendar year had average receipts for any six months of such year of not more than thirty-three and one-third percent (33 1/3%) of its average receipts for the other six months of that year.

(14) "Tipped employee" means any employee who customarily receives more than twenty dollars ($20.00) a month in tips.

(15) "Tip" shall mean any money or part thereof over and above the actual amount due a business for goods, food, drink, services or articles sold which is paid in cash or by credit card, or is given to or left for an employee by a patron or patrons of the business where the employee is employed.

(16) "Wage" paid to an employee means compensation for labor or services rendered by an employee whether determined on a time, task, piece, job, day, commission, or other basis of calculation, and the reasonable cost as determined by the Commissioner of furnishing employees with board, lodging, or other facilities. For the purposes of G.S. 95-25.6 through G.S. 95-25.13 "wage" includes sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised when the employer has a policy or a practice of making such payments.

(17) "Workweek" means any period of 168 consecutive hours.

(18) "Enterprise" means the related activities performed either through unified operations or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more establishments or by one or more corporate units but shall not include the related activities performed for such enterprise by an independent contractor or franchisee. (1959, c. 475; 1961, c. 652; 1969, c. 34, s. 2; c. 218; 1971, c. 1231, s. 1; 1975, c. 413, s. 1; c. 605; 1977, c. 653; c. 672, s. 1; c. 826, s. 1; 1979, c. 839, s. 1; 1981, c. 663, ss. 10, 11; 1983, c. 708, s. 3; 1991, c. 330, s. 1.)

Notes of Decisions

Cited in 68 cases (24 in the last 5 years), 1983–2026 · leading case: Powell v. P2Enterprises, LLC, 786 S.E.2d 798 (N.C. Ct. App. 2016).

Sort: Relevance Newest Treatment

Powell v. P2Enterprises, LLC, 786 S.E.2d 798 (N.C. Ct. App. 2016). · cites it 4× “N.C. Gen.Stat. § 95-25.2(11) ; 29 U.S.C. § 203 (a).”

Arndt v. First Union Nat'l Bank, 613 S.E.2d 274 (N.C. Ct. App. 2005). · cites it 4× “Violation of the NOWHA The jury found defendants’ actions violated the NCWHA, N.C. Gen. Stat. § 95-25.1 et seq. Specifically, plaintiff proffered evidence that: (1) he was promised wages by the oral agreement with Simpson under N.”

West v. J.O. Stevenson, Inc., 164 F. Supp. 3d 751 (E.D.N.C. 2016). · cites it 4× “” N.C. Gen. Stat. § 95-25.2 (5). Under the relevant statutes supporting plaintiffs civil rights claims, an “employer” is any person “engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calender weeks in the current or…”

Washburn v. Yadkin Valley Bank & Trust Co., 660 S.E.2d 577 (N.C. Ct. App. 2008). · cites it 2× “” N.C. Gen. Stat. § 95-25.6 (2005). The Act also provides that “[e]mployees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday .”

Luna-Reyes v. RFI Constr., LLC, 57 F. Supp. 3d 495 (M.D.N.C. 2014). · cites it 4× “§ 203 (e)(1); see also N.C. GemStat. § 95-25.”

Murphy v. First Union Capital Markets Corp., 567 S.E.2d 189 (N.C. Ct. App. 2002). · cites it 8× “N.C. Gen. Stat. § 95-25.2 (16) (1999) (Emphasis added).”

Luna-Reyes v. RFI Constr., LLC, 109 F. Supp. 3d 744 (M.D.N.C. 2015). · cites it 5× “§ 203 (e)(1); see also N.C. Gen. Stat. § 95-25.2 (4) (defining “employee” similarly).”

Martinez-Hernandez v. BUTTERBALL, LLC, 578 F. Supp. 2d 816 (E.D.N.C. 2008). · cites it 4× “6 (referring to “employer” and “employee”). However, the statute contains no requirement of an express contract or agreement to pay for particular work.”

Cole v. Champion Enter., Inc., 496 F. Supp. 2d 613 (M.D.N.C. 2007). · cites it 4× “N.C. Gen.Stat. § 95-25.2(16). Moreover, section 95-25.”

Leverette v. Labor Works Int'l, LLC, 636 S.E.2d 258 (N.C. Ct. App. 2006). · cites it 6× “were not part of an “enterprise” under N.C. Gen. Stat. § 95-25.2 (18). *107 On cross-appeal, defendants argue the trial court erred: (IV) in denying defendants’ motion for summary judgment as to plaintiff Whitehead based on statute of limitations; and (V) denying defendant…”

Garcia v. Frog Island Seafood, Inc., 644 F. Supp. 2d 696 (E.D.N.C. 2009). · cites it 2× “See N.C. Gen.Stat. § 95-25.2(5) ("any person acting directly or indirectly in the interest of an employer in relation to an employee”).”

Hamilton v. Memorex Telex Corp., 454 S.E.2d 278 (N.C. Ct. App. 1995). · cites it 3× “C.G.S. § 95-25.12. “Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday.”

Show all 68 citing cases →

— N.C. Gen. Stat. § 95-25.2(11) — 2 cases

Powell v. P2Enterprises, LLC, 786 S.E.2d 798 (N.C. Ct. App. 2016). “N.C. Gen.Stat. § 95-25.2(11) ; 29 U.S.C. § 203 (a).”

Jessey Sports (N.C. Ct. App. 2023).

— N.C. Gen. Stat. § 95-25.2(16) — 22 cases

Cole v. Champion Enter., Inc., 496 F. Supp. 2d 613 (M.D.N.C. 2007). “N.C. Gen.Stat. § 95-25.2(16). Moreover, section 95-25.”

Murphy v. First Union Capital Markets Corp., 567 S.E.2d 189 (N.C. Ct. App. 2002). “N.C. Gen. Stat. § 95-25.2 (16) (1999) (Emphasis added).”

Narron v. Hardee's Food Sys., Inc., 331 S.E.2d 205 (N.C. Ct. App. 1985).

Maurer v. Slickedit, Inc., 2006 NCBC 1 (N.C. Bus. Ct. 2005).

Hall v. Tyco Int'l Ltd., 223 F.R.D. 219 (M.D.N.C. 2004).

— N.C. Gen. Stat. § 95-25.2(3) — 4 cases

Martinez-Hernandez v. BUTTERBALL, LLC, 578 F. Supp. 2d 816 (E.D.N.C. 2008). “6 (referring to “employer” and “employee”). However, the statute contains no requirement of an express contract or agreement to pay for particular work.”

Luna-Reyes v. RFI Constr., LLC, 57 F. Supp. 3d 495 (M.D.N.C. 2014). “§ 203 (e)(1); see also N.C. GemStat. § 95-25.”

Luna-Reyes v. RFI Constr., LLC, 109 F. Supp. 3d 744 (M.D.N.C. 2015). “§ 203 (e)(1); see also N.C. Gen. Stat. § 95-25.2 (4) (defining “employee” similarly).”

Talley v. Earth Fare 2020, Inc. (N.C. 2026).

— N.C. Gen. Stat. § 95-25.2(3)(4) — 1 case

Laborers' Int'l Union v. Case Farms, Inc., 488 S.E.2d 632 (N.C. Ct. App. 1997).

— N.C. Gen. Stat. § 95-25.2(4) — 9 cases

Baltimore Harbor Charters, Ltd. v. Ayd, 780 A.2d 303 (Md. 2001).

Horack v. S. Real Est. Co. of Charlotte, Inc., 563 S.E.2d 47 (N.C. Ct. App. 2002).

Luna-Reyes v. RFI Constr., LLC, 57 F. Supp. 3d 495 (M.D.N.C. 2014). “§ 203 (e)(1); see also N.C. GemStat. § 95-25.”

Poole v. Local 305 Nat'l Post Off. Mail Handlers, 318 S.E.2d 105 (N.C. Ct. App. 1984).

Talley v. Earth Fare 2020, Inc. (N.C. 2026).

— N.C. Gen. Stat. § 95-25.2(5) — 15 cases

Powell v. P2Enterprises, LLC, 786 S.E.2d 798 (N.C. Ct. App. 2016). “N.C. Gen.Stat. § 95-25.2(11) ; 29 U.S.C. § 203 (a).”

Garcia v. Frog Island Seafood, Inc., 644 F. Supp. 2d 696 (E.D.N.C. 2009). “See N.C. Gen.Stat. § 95-25.2(5) ("any person acting directly or indirectly in the interest of an employer in relation to an employee”).”

Luna-Reyes v. RFI Constr., LLC, 57 F. Supp. 3d 495 (M.D.N.C. 2014). “§ 203 (e)(1); see also N.C. GemStat. § 95-25.”

Luna-Reyes v. RFI Constr., LLC, 109 F. Supp. 3d 744 (M.D.N.C. 2015). “§ 203 (e)(1); see also N.C. Gen. Stat. § 95-25.2 (4) (defining “employee” similarly).”

Crowder v. Fieldcrest Mills, Inc., 569 F. Supp. 825 (M.D.N.C. 1983).

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.