STATE STATUTES & CODES

NORTH CAROLINA STATUTES AND CODES

Chapter 95 - Department of Labor and Labor Regulations.

• § 95-1. Department of Labor established.
• § 95-2. Election of Commissioner; term; salary; vacancy.
• § 95-3. Divisions of Department; Commissioner; administrative officers.
• § 95-4. Authority, powers and duties of Commissioner.
• § 95-5. Annual report to Governor; recommendation as to legislation needed.
• § 95-6. Statistical report to Governor; publication of information given by employers.
• § 95-7. Power of Commissioner to compel the giving of such information; refusal as contempt.
• § 95-8. Employers required to make statistical report to Commissioner; refusal as contempt.
• § 95-9. Employers to post notice of laws.
• § 95-10. Repealed by Session Laws 1963, c. 313, s. 1.
• § 95-11. Division of Standards and Inspection.
• § 95-12. Division of Statistics.
• § 95-13. Enforcement of rules and regulations.
• § 95-14. Agreements with certain federal agencies for enforcement of Fair Labor Standards Act.
• § 95-14.1. Department review fees biennially.
• §§ 95-15 through 95-25. Recodified as §§ 95-25.1 to 95-25.25.
• § 95-25.1. Short title and legislative purpose.
• § 95-25.2. Definitions.
• § 95-25.3. Minimum wage.
• § 95-25.3A: Repealed by Session Laws 2003-308, s. 8, effective July 1, 2003.
• § 95-25.4. Overtime.
• § 95-25.5. Youth employment.
• § 95-25.6. Wage payment.
• § 95-25.7. Payment to separated employees.
• § 95-25.7A. Wages in dispute.
• § 95-25.8. Withholding of wages.
• §§ 95-25.9, 95-25.10: Repealed by Session Laws 2005-453, ss. 17 and 18, effective October 1, 2005.
• § 95-25.11. Employers' remedies preserved.
• § 95-25.12. Vacation pay plans.
• § 95-25.13. Notification, posting, and records.
• § 95-25.14. Exemptions.
• § 95-25.15. Investigations and inspection of records; notice of law.
• § 95-25.16. Enforcement.
• § 95-25.17. Wage and Hour Division established.
• § 95-25.18. Legal representation.
• § 95-25.19. Rules.
• § 95-25.20. Records.
• § 95-25.21. Illegal acts.
• § 95-25.22. Recovery of unpaid wages.
• § 95-25.23. Violation of youth employment; civil penalty.
• § 95-25.23A. Violation of record-keeping requirement; civil penalty.
• § 95-25.23B. Civil penalty collection.
• § 95-25.23C. Report on youth employment enforcement activities.
• § 95-25.24. Restraint of violations.
• § 95-25.25. Construction of Article and severability.
• § 95-26. Repealed by Session Laws 1971, c. 56.
• § 95-27. Repealed by Session Laws 1973, c. 660, s. 3.
• § 95-28: Repealed by Session Laws 1997-443, s. 19.14.
• § 95-28.1. Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited.
• § 95-28.1A. Discrimination against persons based on genetic testing or genetic information prohibited.
• § 95-28.2. Discrimination against persons for lawful use of lawful products during nonworking hours prohibited.
• § 95-28.3. Leave for parent involvement in schools.
• § 95-29. Repealed by Session Laws 1973, c. 660, s. 4.
• § 95-30. Repealed by Session Laws 1971, c. 240.
• § 95-31. Acceptance by employer of assignment of wages.
• § 95-32. Declaration of policy.
• § 95-33. Scope of Article.
• § 95-34. Administration of Article.
• § 95-35. Conciliation service established; personnel; removal; compensation.
• § 95-36. Powers and duties of Commissioner and conciliator.
• § 95-36.1. Declaration of policy.
• § 95-36.2. Scope of Article.
• § 95-36.3. Administration of Article.
• § 95-36.4. Voluntary arbitrators.
• § 95-36.5. Fees and expenses.
• § 95-36.6. Appointment of arbitrators.
• § 95-36.7. Arbitration procedure.
• § 95-36.8. Enforcement of arbitration agreement and award.
• § 95-36.9. Stay of proceedings.
• §§ 95-37 through 95-47. Recodified as §§ 95-47.1 to 95-47.13.
• § 95-47.1. Definitions.
• § 95-47.2. Licensing procedures.
• § 95-47.3. Fees and contracts; filing with Commissioner.
• § 95-47.3A. Fee reimbursement from employers due to overstated earnings expectations.
• § 95-47.4. Contracts; contents; approval; tying contracts forbidden.
• § 95-47.5. Records.
• § 95-47.6. Prohibited acts.
• § 95-47.7: Repealed by Session Laws 2003-308, s. 10, effective July 1, 2003.
• § 95-47.8: Repealed by Session Laws 2003-308, s. 11, effective July 1, 2003.
• § 95-47.9. Enforcement of Article; rules; hearing; penalty; criminal penalties.
• § 95-47.10. Power of Commissioner to seek injunction.
• § 95-47.11. Government employment agencies unaffected.
• § 95-47.12. License taxes placed upon agencies not affected.
• § 95-47.13. Severability.
• § 95-47.14. Notification requirement.
• § 95-47.15. Certification requirement.
• §§ 95-47.16 through 95-47.18. Reserved for future codification purposes.
• § 95-47.19. Definitions.
• § 95-47.20. License required.
• § 95-47.21. Violation of this Article; criminal and civil penalty.
• § 95-47.22. Licensing procedure.
• § 95-47.23. Enforcement.
• § 95-47.24. Certain practices prohibited.
• § 95-47.25. Contracts; contents; approval.
• § 95-47.26. Advertising and publication.
• § 95-47.27. Fee receipts.
• § 95-47.28. Prohibited job listings.
• § 95-47.29. Records of the job listing service.
• § 95-47.30. Administration of this Article.
• § 95-47.31. Review of job listing services.
• § 95-47.32. Severability.
• §§ 95-48 through 95-53: Repealed by Session Laws 1993, c. 204, s. 1.
• §§ 95-54 through 95-69.7. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1187, s. 1.
• § 95-69.8. Short title.
• § 95-69.9. Definitions.
• § 95-69.10. Application of Article; exemptions.
• § 95-69.11. Powers and duties of Commissioner.
• § 95-69.12. Boiler Safety Bureau established.
• § 95-69.13. Board of Boiler and Pressure Vessels Rules created; appointment, terms, compensation and duties.
• § 95-69.14. Rules and regulations governing the construction, operation and use of boilers and pressure vessels.
• § 95-69.15. Classification of inspectors; qualifications; examinations; inspector's commission.
• § 95-69.16. Inspection certificate required.
• § 95-69.17. Noncomplying devices; appeal.
• § 95-69.18. Operation without inspection certificate; operation not in compliance with this Article; operation after nonissuance or revocation of certificate.
• § 95-69.19. Violations; civil penalties; appeals.
• § 95-69.20. Violations; criminal penalties.
• §§ 95-70 through 95-72: Repealed by Session Laws 1975, c. 412, s. 1.
• § 95-73. Collections out of State to avoid exemptions forbidden.
• § 95-74. Resident not to abet collection out of State.
• § 95-75. Remedies for violation of § 95-73 or 95-74; damages; indictment.
• § 95-76. Institution of foreign suit, etc., evidence of intent to violate.
• § 95-77. Construction of Article.
• § 95-78. Declaration of public policy.
• § 95-79. Certain agreements declared illegal.
• § 95-80. Membership in labor organization as condition of employment prohibited.
• § 95-81. Nonmembership as condition of employment prohibited.
• § 95-82. Payment of dues as condition of employment prohibited.
• § 95-83. Recovery of damages by persons denied employment.
• § 95-84. Application of Article.
• §§ 95-85 through 95-96: Repealed by Session Laws 1979, c. 839, s. 2.
• § 95-97: Repealed by Session Laws 1998-217, s. 26.
• § 95-98. Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal.
• § 95-98.1. Strikes by public employees prohibited.
• § 95-98.2. Strike defined.
• § 95-99. Penalty for violation of Article.
• § 95-100. No provisions of Article 10 of Chapter 95 applicable to units of government or their employees.
• § 95-101. Definition.
• § 95-102. Certain payments to and agreements to pay labor organizations unlawful.
• § 95-103. Acceptance of such payments unlawful.
• § 95-104. Penalty.
• § 95-105: Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003.
• § 95-106: Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003.
• § 95-107. Assessment and collection of fees; certificates of safe operation.
• § 95-108. Disposition of fees.
• § 95-109. Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 990, s. 3.
• § 95-110. Reserved for future codification purposes.
• § 95-110.1. Short title and legislative purpose.
• § 95-110.2. Scope.
• § 95-110.3. Definitions.
• § 95-110.4. Elevator and Amusement Device Division established.
• § 95-110.5. Powers and duties of Commissioner.
• § 95-110.6. Noncomplying devices and equipment; appeal.
• § 95-110.7. Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate.
• § 95-110.8. Operation of unsafe device or equipment.
• § 95-110.9. Reports required.
• § 95-110.10. Violations; civil penalties; appeals.
• § 95-110.11. Violations; criminal penalties.
• § 95-110.12. Legal representation.
• § 95-110.13. Authorization for similar safety and health federal-State programs.
• § 95-110.14. Confidentiality of trade secrets.
• § 95-110.15. Construction of Article and rules and regulations and severability.
• § 95-111. Reserved for future codification purposes.
• § 95-111.1. Short title and legislative purpose.
• § 95-111.2. Scope.
• § 95-111.3. Definitions.
• § 95-111.4. Powers and duties of Commissioner.
• § 95-111.5. Pre-opening inspection and test; records; revocation of certificate of operation.
• § 95-111.6. Noncomplying devices; appeal.
• § 95-111.7. Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate.
• § 95-111.8. Location notice.
• § 95-111.9. Operation of unsafe device.
• § 95-111.10. Reports required.
• § 95-111.11. Operators.
• § 95-111.12. Liability insurance.
• § 95-111.13. Violations; civil penalties; appeal; criminal penalties.
• § 95-111.14. Denial of permission to enter amusement device.
• § 95-111.15. Legal representation.
• § 95-111.16. Authorization for similar safety and health federal-State programs.
• § 95-111.17. Confidentiality of trade secrets.
• § 95-111.18. Construction of Article and rules and regulations and severability.
• §§ 95-112 through 95-115. Reserved for future codification purposes.
• § 95-116. Declaration of policy.
• § 95-117. Definitions.
• § 95-118. Registration required; application procedures.
• § 95-119. Certification criteria; procedures; display of certificate.
• § 95-120. Powers and duties of the Commissioner.
• § 95-120.1. Liability insurance.
• § 95-121. Inspections and reports.
• § 95-122. Emergency shutdown.
• § 95-123. Orders.
• § 95-124. Suspension of registration.
• § 95-125. Effective date of initial applications.
• § 95-126. Short title and legislative purpose.
• § 95-127. Definitions.
• § 95-128. Coverage.
• § 95-129. Rights and duties of employers.
• § 95-130. Rights and duties of employees.
• § 95-131. Development and promulgation of standards; adoption of federal standards and regulations.
• § 95-132. Variances.
• § 95-133. Office of Director of Occupational Safety and Health; powers and duties of the Director.
• § 95-134. Advisory Council.
• § 95-135. North Carolina Occupational Safety and Health Review Commission.
• § 95-136. Inspections.
• § 95-136.1. Special emphasis inspection program.
• § 95-137. Issuance of citations.
• § 95-138. Civil penalties.
• § 95-139. Criminal penalties.
• § 95-140. Procedures to counteract imminent dangers.
• § 95-141. Judicial review.
• § 95-142. Legal representation of the Department of Labor.
• § 95-143. Record keeping and reporting.
• § 95-144. Statistics.
• § 95-145. Reports to the Secretary.
• § 95-146. Continuation and effectiveness of this Article.
• § 95-147. Training and employee education.
• § 95-148. Safety and health programs of State agencies and local governments.
• § 95-149. Authority to enter into contracts with other State agencies and subdivisions of government.
• § 95-150. Assurance of adequate funds to enforce Article.
• § 95-151. Discrimination.
• § 95-152. Confidentiality of trade secrets.
• § 95-153. Reserved for future codification purposes.
• § 95-154. Authorization for similar safety and health federal-state programs.
• § 95-155. Construction of Article and severability.
• §§ 95-156 through 95-160. Reserved for future codification purposes.
• §§ 95-161 through 95-172. Repealed by Session Laws 1979, c. 839, s. 2.
• § 95-173. Short title.
• § 95-174. Definitions.
• §§ 95-175 through 95-190. Reserved for future codification purposes.
• § 95-191. Hazardous Substance List.
• § 95-192. Material safety data sheets.
• § 95-193. Labels.
• § 95-194. Emergency information.
• § 95-195. Complaints, investigations, penalties.
• § 95-196. Employee rights.
• § 95-197. Withholding hazardous substance trade secret information.
• § 95-198. Medical emergency and nonemergency situations.
• §§ 95-199 through 95-207. Reserved for future codification purposes.
• § 95-208. Community information on hazardous chemicals.
• §§ 95-209 through 95-215. Reserved for future codification purposes.
• § 95-216. Exemptions.
• § 95-217. Preemption of local regulations.
• § 95-218. Severability.
• § 95-219. Reserved for future codification purposes.
• § 95-220. Reserved for future codification purposes.
• § 95-221. Reserved for future codification purposes.
• § 95-222. Short title; legislative purpose.
• § 95-223. Definitions.
• § 95-224. Scope; powers and duties.
• § 95-225. Adoption of standards and interpretations.
• § 95-226. Application for inspection.
• § 95-227. Enforcement.
• § 95-228. Waiver of rights.
• § 95-229. Construction of Article; severability.
• § 95-229.1. Actions upon finding uninhabitable migrant housing.
• § 95-229.2. Reserved for future codification purposes.
• § 95-229.3. Reserved for future codification purposes.
• § 95-229.4. Reserved for future codification purposes.
• § 95-229.5. Purpose; scope.
• § 95-229.6. Definitions.
• § 95-229.7. Prohibited activities.
• § 95-229.8. Warning signs.
• § 95-229.9. Notification.
• § 95-229.10. Precautionary safety arrangements.
• § 95-229.11. Exemptions.
• § 95-229.12. Application.
• § 95-229.13. Severability.
• § 95-230. Purpose.
• § 95-231. Definitions.
• § 95-232. Procedural requirements for the administration of controlled substance examinations.
• § 95-233. No duty to examine.
• § 95-234. Violation of controlled substance examination regulations; civil penalty.
• § 95-235. Certain federal agencies exempted.
• §§ 95-236 through 95-239. Reserved for future codification purposes.
• § 95-240. Definitions.
• § 95-241. Discrimination prohibited.
• § 95-242. Complaint; investigation; conciliation.
• § 95-243. Civil action.
• § 95-244. Effect of Article on other rights.
• § 95-245. Rules.
• §§ 95-246 through 95-249. Reserved for future codification purposes.
• § 95-250. Definitions.
• § 95-251. Safety and health programs.
• § 95-252. Safety and health committees required.
• § 95-253. Additional rights.
• § 95-254. Rules.
• § 95-255. Reports.
• § 95-255.1. Technical assistance.
• § 95-256. Penalties.
• § 95-257: Reserved for future codification purposes.
• § 95-258: Reserved for future codification purposes.
• § 95-259: Reserved for future codification purposes.
• § 95-260. Definitions.
• § 95-261. Civil no-contact orders; persons protected.
• § 95-262. Commencement of action; venue.
• § 95-263. Process for action for no-contact order.
• § 95-264. Civil no-contact order; remedy.
• § 95-265. Temporary civil no-contact order; court holidays and evenings.
• § 95-266. Permanent civil no-contact order.
• § 95-267. Duration; extension of orders.
• § 95-268. Notice of orders.
• § 95-269. Violation of valid order.
• § 95-270. Employment discrimination unlawful.
• § 95-271. Scope of Article; other remedies available.

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