The North Carolina Employment Law Guide

Employers may pay their employees daily, weekly, biweekly, semimonthly, or monthly on regular paydays. Commissions may be paid annually if specified in advance. Employers may choose the timing of paying their employees.

Employers must provide at least 24 hours’ notice of a change in wages, either by posting a notice in a prominent location (for changes that affect all employees) or otherwise informing employees in writing.

New employees must be given notice of the following: The day wages are paid; Their rate of pay; All policies and practices regarding promised wages.

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

North Carolina requires that employers conduct background checks on the following types of employees: Childcare providers; Nursing home personnel; Home care agency personnel; Adult care home personnel; Those working for a mental health provider; Those working for a provider of developmental disability services; Those working for a provider of substance abuse services.

North Carolina does not expressly allow or prohibit employers from obtaining credit checks on applicants or employees.

North Carolina does not expressly allow or prohibit employers from using criminal histories for employment purposes. Employers may not, however, ask applicants about expunged records, and applicants with expunged records may answer in the negative if asked about arrest or conviction records.

There are no North Carolina laws prohibiting employers from drug testing applicants or employees. 

However, if an employer does test their applicants or employees, they must follow these requirements: Conduct testing under reasonable and sanitary conditions; Provide employees with a notice of their rights and responsibilities when they are tested; Provide employees with their test results within 30 days; Provide employees with notice of their retesting rights within 30 days of being tested; Allow employees to retest at an approved laboratory after testing positive; Confirm an applicant’s positive test with a second test unless the applicant signs a waiver; Confirm an employee’s positive test with a second test; Use gas chromatography with mass spectrometry or a similar scientific method to confirm a positive test; Keep a portion of every sample that tests positive for at least 90 days; Establish chain-of-custody procedures for samples; For tests required under federal law, report positive results to the North Carolina Division of Motor Vehicles within five business days.

Employers may not discharge or discriminate against an employee for exercising their rights under any of the following laws: Wage and Hour Act; Workers’ Compensation Act; Occupational Safety and Health Act; Mine Safety and Health Act.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” North Carolina’s mini-COBRA allows employees to continue their coverage for up to 18 months. Each individual certification of coverage must contain a notice of the right to continue coverage. Employers may also inform an employee orally or in writing as part of the employment exit process.

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