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

N.C. Gen. Stat. § 95-25.6 (2026)

Wage payment

✓ current as of July 2026
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Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based upon bonuses, commissions, or other forms of calculation may be paid as infrequently as annually if prescribed in advance. (1975, c. 413, s. 3; 1977, c. 826, s. 3; 1979, c. 839, s. 1.)

 

Notes of Decisions
Cited in 100 cases (39 in the last 5 years), 1995–2026 · leading case: Martinez-Hernandez v. BUTTERBALL, LLC, 578 F. Supp. 2d 816 (E.D.N.C. 2008).
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Martinez-Hernandez v. BUTTERBALL, LLC, 578 F. Supp. 2d 816 (E.D.N.C. 2008). · cites it 19× “(Pfs.’ Mem. Opp. Def.’s Second Mot. Partial Summ.”
Romero v. Mountaire Farms, Inc., 796 F. Supp. 2d 700 (E.D.N.C. 2011). · cites it 10× “Supplemental Jurisdiction As noted, supra, in addition to their claims under the FLSA, Plaintiffs assert state law claims for (1) improper wage deductions for personal protective equipment under the NCWHA and (2) claims under N.C. Gen.Stat. § 95-25.6 for unpaid wages and…”
McLaurin v. Prestage Foods, Inc., 271 F.R.D. 465 (E.D.N.C. 2010). · cites it 8× “Plaintiffs’ action under North Carolina’s “payday statute,” N.C. Gen.Stat. § 95-25.6, involves standard claims for regular and overtime pay that do not raise a novel or complex issue of North Carolina law, and the federal claims on which original jurisdiction rests have not been…”
Gaxiola v. Williams Seafood of Arapahoe, Inc., 776 F. Supp. 2d 117 (E.D.N.C. 2011). · cites it 7× “N.C. Gen. Stat. § 95-25.6 . In this case, defendants were required to pay each of their H-2B workers the prevailing wage, and they advertised the job openings with the prevailing wage, $6.”
Garcia v. Frog Island Seafood, Inc., 644 F. Supp. 2d 696 (E.D.N.C. 2009). · cites it 5× “N.C.G.S. § 95-25.6. When an employer fails to do so, the employer is liable to the employee in the amount of the unpaid amount plus interest at the legal rate set forth in N.”
Hyman v. Efficiency, Inc., 605 S.E.2d 254 (N.C. Ct. App. 2004). · cites it 10× “Time Spent Waiting and Traveling to and from Work Plaintiff contends that time spent waiting and traveling between defendant’s office and the job sites is compensable under N.C. Gen. Stat. § 95-25.6 (2003), which states, “[e]very employer shall pay every employee all wages and…”
Whitehead v. Sparrow Enter., Inc., 605 S.E.2d 234 (N.C. Ct. App. 2004). · cites it 14× “Second, plaintiff argued employees who elect to use the optional transporta *181 tion should be paid for time spent while both waiting for the van and riding to and from the job sites under N.C. Gen. Stat. § 95-25.6 . Plaintiff sought redress solely under the NCWHA.”
Murphy v. First Union Capital Markets Corp., 567 S.E.2d 189 (N.C. Ct. App. 2002). · cites it 13× “Plaintiff filed a complaint, alleging: (1) improper wage withholding; (2) violation of N.C. Gen. Stat. § 95-25.6 ; (3) civil conversion; (4) breach of contract; (5) detrimental reliance; and (6) civil conspiracy.”
Bigelow v. Sassafras Grove Baptist Church, 786 S.E.2d 358 (N.C. Ct. App. 2016). · cites it 4× “Defendants do not address the sufficiency of those allegations. The Wage and Hour Act provides: "Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday.”
Charlot v. Ecolab, Inc., 97 F. Supp. 3d 40 (E.D.N.Y 2015). · cites it 3× “The Proposed North Carolina State Law Claims Ecolab objects to the proposed North Carolina state law claims on the grounds that the overtime claims are preempted by the FLSA and that the Named Plaintiffs have not stated a separate and distinct *66 claim under North Carolina’s…”
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 .”
Arndt v. First Union Nat'l Bank, 613 S.E.2d 274 (N.C. Ct. App. 2005). · cites it 3× “For the purposes of G.S. 95-25.6 through 95-25.13 “wage” includes sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised when the employer has a policy or practice of making such payments.”
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