§ 95-25.3. Minimum wage. - North Carolina Statutes

§ 95‑25.3.  Minimumwage.

(a)        Every employershall pay to each employee who in any workweek performs any work, wages of atleast six dollars and fifteen cents ($6.15) per hour or the minimum wage setforth 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 preventcurtailment of opportunities for employment, the wage rate for full‑timestudents, learners, apprentices, and messengers, as defined under the FairLabor Standards Act, shall be ninety percent (90%) of the rate in effect undersubsection (a) above, rounded to the lowest nickel.

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

(d)        The Commissioner,in order to prevent curtailment of opportunities for employment of theeconomically disadvantaged and the unemployed, may, by regulation, establish awage rate not less than eighty‑five percent (85%) of the otherwiseapplicable wage rate in effect under subsection (a) which shall apply to allpersons (i) who have been unemployed for at least 15 weeks and who areeconomically disadvantaged, or (ii) who are, or whose families are, receivingWork First Family Assistance or who are receiving supplemental securitybenefits under Title XVI of the Social Security Act.

Pursuant to regulations issuedby the Commissioner, certificates establishing eligibility for such subminimumwage shall be issued by the Employment Security Commission.

The regulation issued by theCommissioner shall not permit employment at the subminimum rate for a period inexcess of 52 weeks.

(e)        The Commissioner,in order to prevent curtailment of opportunities for employment, and to notadversely affect the viability of seasonal establishments, may, by regulation,establish a wage rate not less than eighty‑five percent (85%) of theotherwise applicable wage rate in effect under subsection (a) which shall applyto any employee employed by an establishment which is a seasonal amusement orrecreational establishment, or a seasonal food service establishment.

(f)         Tips earned by atipped employee may be counted as wages only up to the amount permitted insection 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tippedemployee is notified in advance, is permitted to retain all tips and theemployer maintains accurate and complete records of tips received by eachemployee as such tips are certified by the employee monthly or for each payperiod. Even if the employee refuses to certify tips accurately, tips may stillbe counted as wages when the employer complies with the other requirements ofthis section and can demonstrate by monitoring tips that the employee regularlyreceives tips in the amount for which the credit is taken. Tip pooling shallalso 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 SessionLaws 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.)