N.C. Gen. Stat. » Chapter 95
NC General Statutes

N.C. Gen. Stat. § 95-25.3 (2026)

Minimum wage

✓ current as of July 2026
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(a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section.

(b) In order to prevent curtailment of opportunities for employment, the wage rate for full-time students, learners, apprentices, and messengers, as defined under the Fair Labor Standards Act, shall be ninety percent (90%) of the rate in effect under subsection (a) above, rounded to the lowest nickel.

(c) The Commissioner, in order to prevent curtailment of opportunities for employment, may, by regulation, establish a wage rate less than the wage rate in effect under section (a) which may apply to persons whose earning or productive capacity is impaired by age or physical or mental deficiency or injury, as such persons are defined under the Fair Labor Standards Act.

(d) The Commissioner, in order to prevent curtailment of opportunities for employment of the economically disadvantaged and the unemployed, may, by regulation, establish a wage rate not less than eighty-five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall apply to all persons (i) who have been unemployed for at least 15 weeks and who are economically disadvantaged, or (ii) who are, or whose families are, receiving Work First Family Assistance or who are receiving supplemental security benefits under Title XVI of the Social Security Act.

Pursuant to regulations issued by the Commissioner, certificates establishing eligibility for such subminimum wage shall be issued by the Division of Employment Security.

The regulation issued by the Commissioner shall not permit employment at the subminimum rate for a period in excess of 52 weeks.

(e) The Commissioner, in order to prevent curtailment of opportunities for employment, and to not adversely affect the viability of seasonal establishments, may, by regulation, establish a wage rate not less than eighty-five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) that shall apply to any employee employed by an establishment that is a seasonal food service establishment.

(f) Tips earned by a tipped employee may be counted as wages only up to the amount permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tipped employee is notified in advance, is permitted to retain all tips and the employer maintains accurate and complete records of tips received by each employee as such tips are certified by the employee monthly or for each pay period. Even if the employee refuses to certify tips accurately, tips may still be counted as wages when the employer complies with the other requirements of this section and can demonstrate by monitoring tips that the employee regularly receives tips in the amount for which the credit is taken. Tip pooling shall also be permissible among employees who customarily and regularly receive tips; however, no employee's tips may be reduced by more than fifteen percent (15%) under a tip pooling arrangement.

(g) Repealed by Session Laws 2006-259, s. 18, effective August 23, 2006. (1959, c. 475; 1963, c. 816; 1965, c. 229; 1969, c. 34, s. 1; 1971, c. 138; 1973, c. 802; 1975, c. 256, s. 1; 1977, c. 519; 1979, c. 839, s. 1; 1981, c. 493, s. 1; c. 663, s. 13; 1983, c. 708, s. 1; 1985, c. 97; 1987, c. 79; 1991, c. 270, ss. 1, 2; c. 330, s. 5; 1997-146, s. 1; 1997-443, s. 12.25; 2006-114, s. 1; 2006-259, s. 18; 2011-401, s. 3.6; 2017-185, s. 3(b).)

 

§ 95-25.3A: Repealed by Session Laws 2003-308, s. 8, effective July 1, 2003.

 

Notes of Decisions
Cited in 24 cases (10 in the last 5 years), 1985–2025 · leading case: Considine v. Compass Grp. USA, Inc., 551 S.E.2d 179 (N.C. Ct. App. 2001).
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Considine v. Compass Grp. USA, Inc., 551 S.E.2d 179 (N.C. Ct. App. 2001). · cites it 4× “The plaintiffs in Amos alleged in their complaint that the defendant-employer had discharged the plaintiffs for refusing to work for less than the statutory minimum wage in violation of North Carolina public policy as set forth in N.C. Gen.Stat. § 95-25.3. Our Supreme Court…”
Amos v. Oakdale Knitting Co., 403 S.E.2d 565 (N.C. Ct. App. 1991). · cites it 12× “In the order granting defendants' motion, the trial judge stated that discharging an at will employee for refusing to work for substantially less than the minimum wage offended the court and appeared to violate the public policy of the State as set out in N.”
Chandler v. Cheesecake Factory Restaurants, Inc., 239 F.R.D. 432 (M.D.N.C. 2006). · cites it 16× “N.C. Gen.Stat. § 95-25.3® (emphasis added).”
Luna-Reyes v. RFI Constr., LLC, 57 F. Supp. 3d 495 (M.D.N.C. 2014). · cites it 2× “§§ 206 (a)(1), 207(a)(1); see also N.C. Gen. Stat. §§ 95-25.3 (a), 95-25.4(a).”
Charlot v. Ecolab, Inc., 97 F. Supp. 3d 40 (E.D.N.Y 2015). “14(a) by asserting their tip-pooling claim under the payday statute, because tip-pooling was regulated by the minimum wage provision, N.C. Gen. Stat. Ann. § 95-25.3 (f), and was therefore subject to N.”
Morales v. Showell Farms, Inc., 910 F. Supp. 244 (M.D.N.C. 1995). · cites it 2× “Also, although Morales does not invoke North Carolina’s provisions for either minimum wage, N.C.Gen.Stat. § 95-25.3 (1993), or overtime, N.”
Narron v. Hardee's Food Sys., Inc., 331 S.E.2d 205 (N.C. Ct. App. 1985). “G.S. 95-25.3; G.S. 95-25.4. Moreover, with respect to wage-related benefits, such as vacation pay, the employer can choose either to have no policy at all or to have any policy of his own choosing.”
Luna-Reyes v. RFI Constr., LLC, 109 F. Supp. 3d 744 (M.D.N.C. 2015). “14 , the FLSA preempts North Carolina’s minimum-wage (§ 95-25.3), overtime (§ 95-25.4), and record-keeping' (§ 95-25.”
Whitehead v. Sparrow Enter., Inc., 605 S.E.2d 234 (N.C. Ct. App. 2004). “14 (a) (2003) provides exemptions to employers from the NCWHA in limited circumstances, which states: The provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), and G.”
Myrick v. Atkinson, Jr. (E.D.N.C. 2021). · cites it 12× “” N.C. Gen. Stat. § 95-25.3 (a). Where plaintiff alleges that he “was never compensated for at least 171 hours each year that he worked,” and where he turned in 13 time sheets and only received 12 payments each year, plaintiff has stated a claim for violation of the minimum wage…”
Crouch v. SunCakes N.C., LLC (N.C. Ct. App. 2025). · cites it 11× “N.C. Gen. Stat. § 95-25.3 (a). In North Carolina, minimum wage is the NCWHA statutory minimum, or the amount set forth in the FLSA, whichever is higher.”
Dapper Dev., L.L.C. v. Cordell, 2025 NCBC 33 (N.C. Bus. Ct. 2025). · cites it 3× “14(b)(4) provides that the provisions of N.C.G.S. § 95-25.3 (Minimum Wage) and N.C.”
Show all 24 citing cases →
— N.C. Gen. Stat. § 95-25.3(1) — 1 case
Chandler v. Cheesecake Factory Restaurants, Inc., 239 F.R.D. 432 (M.D.N.C. 2006). “N.C. Gen.Stat. § 95-25.3® (emphasis added).”
— N.C. Gen. Stat. § 95-25.3(a) — 1 case
Amos v. Oakdale Knitting Co., 403 S.E.2d 565 (N.C. Ct. App. 1991). “In the order granting defendants' motion, the trial judge stated that discharging an at will employee for refusing to work for substantially less than the minimum wage offended the court and appeared to violate the public policy of the State as set out in N.”
— N.C. Gen. Stat. § 95-25.3(f) — 1 case
Chandler v. Cheesecake Factory Restaurants, Inc., 239 F.R.D. 432 (M.D.N.C. 2006). “N.C. Gen.Stat. § 95-25.3® (emphasis added).”
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