§ 95-25.15. Investigations and inspection of records; notice of law. - North Carolina Statutes

§ 95‑25.15. Investigations and inspection of records; notice of law.

(a)        The Commissioner orhis designated representative shall have the power and authority to enter anyplace of employment and gather such facts as are essential to determine whetheror not the employer is covered by any provision of this Article.

With respect to any provisionof this Article under which the employer is covered, the Commissioner or theCommissioner's designated representative may inspect such places and suchrecords, make transcriptions of any and all such records, question employeesand investigate such facts, conditions, practices, or matters as are necessaryto determine whether the employer has violated said provision of this Article.

With respect to the provisionsof G.S. 95‑25.6 through 95‑25.12 (Wage Payment) as those provisionsapply to persons covered by the Fair Labor Standards Act, the Commissioner orhis designated representative shall have no authority under this subsectionunless the Commissioner or his designated representative has received acomplaint from an employee of the covered establishment.

(b)        Except as otherwiseprovided in this Article, every employer subject to any provision of thisArticle shall make, keep, and preserve such records of the persons employed bythe employer, including the ages of employees, and of the wages, hours, andother conditions and practices of employment which are essential to theenforcement of this Article and are prescribed by regulation of theCommissioner, except that the Commissioner shall have no authority to prescriberecords for the State of North Carolina, a city, town, county or othermunicipality or agency or instrumentality of government.

(c)        A postersummarizing the major provisions of this Article shall be displayed in everyestablishment subject to this Article.  (1937, c. 317, ss. 5, 19; 1959, c. 475; 1971, c.1231, s. 2; 1973, c. 649, s. 4; 1975, c. 413, ss. 7, 9; 1979, c. 839, s. 1;2005‑453, s. 22; 2009‑351, s. 2.)