http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/index.html LawInfo - Legal Resource Center offers free North Carolina Labor and Employment legal forms and free North Carolina Labor and Employment legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/can-i-work-part-time-and-still-receive-benefi.html Claimants are encouraged to accept part­time work while looking for permanent, full­time employment. The earnings allowance is the maximum amount a claimant may earn in a compensable week before the weekly benefit amount is reduced. It is computed by dividing the claimant's high quarter wages by 13, multiplying this result by ten percent, and rounding any amount which is not a whole dollar down to the next lower whole dollar. Earnings over this amount are deducted dollar for dollar from weekly benefits. Ineligible amount is determined by adding the claimant's earning allowance to the claimant's weekly benefit amount. If, in a given week, the earnings reported by the claimant equal or exceed the ineligible amount, then the claimant cannot receive any unemployment benefits for that week. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/can-my-employer-terminate-me-for-no-good-reas.html North Carolina is an employment at will state. This simply means that unless there is a specific law to protect employees or there is an employment contract providing otherwise, then an employer can discharge an employee at the will of the employer for any reason or no reason at all. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/does-an-employer-have-to-give-its-employees-v.html No. Vacation is a benefit that may or may not be provided at the discretion of the employer. However, if the employer does promise vacation pay or vacation time off with pay, then the employer must have a written vacation policy which clearly explains how the vacation is earned and how it can be taken. Also, any earned vacation must be paid at termination unless the employer has a written forfeiture clause that clearly explains how the earned vacation can be taken away. North Carolina Labor and Employment FAQs Fri, 30 May 2008 09:38:03 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/does-an-employer-have-to-provide-for-rest-and.html The North Carolina Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. The WHA requires breaks only for youths less than 16 years of age. Youths under 16 years of age have to be given at least a 30­minute break after 5 consecutive hours. The North Carolina law on breaks for youths under 16 years of age generally applies only to enterprises that have gross sales or receipts of less than $500,000.00 a year and to private non­profit organizations. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/does-my-employer-have-to-pay-me-for-jury-duty.html There is no requirement that the employer pay you for jury duty unless the employer has promised to do so. Jury duty is just like any other wage benefit; the employer has to give it only if the employer has made a promise to do so. If the employer has made such a promise, then the employer must have written policies on all of its promised wage benefits, which have to be made available to its employees. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-are-federal-unemployment-tax-futa-and-sta.html Employers liable to a state(s) for unemployment insurance tax receive FUTA credit for timely tax payments made to the state(s). The FUTA tax rate is 6.2% of the taxable payroll. Regardless of the state tax rate assigned, employers receive credit at a rate of 5.4% of their North Carolina taxable payroll for timely tax payments. Employers then pay .8% directly to the Internal Revenue Service for FUTA tax. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-are-tax-rates-determined.html North Carolina Unemployment Insurance tax rates are determined under an experience rating system. Employers subject to North Carolina unemployment tax pay quarterly tax on a percentage of their payroll. Most newly liable employers will use the standard beginning tax rate. For 2003, the taxable wage base is $15,900 and the standard beginning tax rate is 1.200% After approximately two years, an employer`s tax rate is determined annually based on experience. Experience rating is affected by payroll, tax paid, timeliness of payments and UI benefits charged against the employer`s account. Based on economic conditions, an employer`s tax rate could be as low as .00% and as high as 5.7%. In November of each year, active employers will be mailed Form NCUI 104, Unemployment Tax Rate Assignment, showing the calculation of the tax rate for the succeeding calendar year. The system allows an employer to make a voluntary contribution to reduce the tax rate. Voluntary contributions must be made within 30 days following the date Form NCUI 104 was mailed. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-do-i-apply-for-a-north-carolina-unemploym.html Each employer in the state of North Carolina must complete Form NCUI 604, Employer Status Report and submit this form for a determination of liable status. You can fill out the Employer Status Report (NCUI 604) online and receive a quick determination. If you prefer, you can download a copy to print, fill out, and mail to ESC. Use Change in Status Report (NCUI 101­A), for any changes in status such as changes in ownership or address or when the business closes or reopens. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-do-i-file-a-claim-for-unemployment.html You may file a claim for unemployment insurance benefits at the nearest Employment Security Commission local office. For a complete listing of local offices, refer to the Employment Security Commission Offices Directory or use the online Locator. Additionally, ESC now provides most claimants the ability to apply online. If you have earned wages in North Carolina and live in North Carolina or a border state, then you can file for benefits and register for work in as little as 20 minutes online. North Carolina Labor and Employment FAQs Mon, 19 May 2008 13:34:14 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-do-i-file-for-continued-weekly-benefits.html File for weekly unemployment benefits online. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-does-an-employer-report-wages-and-pay-tax.html Form NCUI 101, Employer's Quarterly Tax and Wage Report is used to report wage and tax information. Liable employers are mailed one form to cover the first quarter reporting period. This form is personalized with the employer's name and address, quarter/year, tax rate, Federal Employer Identification Number (FEIN) and taxable wage base in effect for the calendar year. The form is mailed on or about the last week of March and contains instructions for completing the form. For the subsequent quarters of the year, the employer will need to either file his report online, download a blank form from the website, or contact the Status Unit at (919) 733­7156 to request that a blank form be mailed to them. The data can also be submitted on magnetic media or online. Tax and wage information may be filed in a variety of file layouts on magnetic tape or diskette and electronic transmission, and is required for any employer or business reporting for one or more employers, who reports a total of 100 or more wage items per quarter. Payment for any tax due should be sent with the report. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/how-much-money-can-i-receive-from-unemploymen.html You can Estimate Your Potential Benefits Online. Your weekly benefit amount and the number of weeks of entitlement to benefits are based on the wages you were paid and amount of time you worked during your base period. The weekly benefit amount is computed by dividing the sum of the wages earned during the highest quarter of the base period by 26, rounded down to the next lower whole dollar. The result cannot exceed the maximum weekly benefit amount allowed by law. The 'base period' is the term used to define the time frame used as the basis for determining whether or not you will be monetarily eligible for unemployment. It is normally the first four of the last five calendar quarters. You must have wages in two of the base period quarters to be monetarily eligible. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/if-i-am-denied-benefits-how-do-i-file-an-appe.html You can file an appeal to the first and second level decision in person at your local ESC office, via mail to ESC, attn.: Appeals Department, PO Box 25903, Raleigh, NC27611 or by email to esc.public.appeals@ncmail.net. Appeals to Commission decisions must be filed via a petition for judicial review the Clerk of the Superior Court. The Commission must be served with copy of such petition. Either the claimant or the employer may appeal the nonmonetary determination and request a formal hearing. Information about the time and date of the appeals hearing and the appeals process itself is mailed to each interested party well in advance of the scheduled hearing. Interested parties may bring documents related to the case and witnesses to the appeals hearing. All interested parties should attend the appeals hearing regardless of the outcome of the nonmonetary determination. The Appeals Referee's decision, which replaces the previously issued nonmonetary determination, is based solely on sworn testimony and evidence presented at the appeals hearing. Either party may appeal the Appeals Referee's decision to the Employment Security Commission. Although the Commission will not allow any new evidence or testimony to be introduced into the record, it may allow interested parties to make oral arguments. Normally, the Commission will issue a decision that either affirms or reverses the Appeals Referee's decision. However, the Commission may, on occasion, remand a case back to the Appeals Referee for additional testimony and/or a new decision. A Commission decision becomes final in 30 days unless an interested party files a petition for judicial review in Superior Court. For additional information about the adjudication, hearing and review processes, read the "Procedures for Appealing an Adjudicator's Determination" and "Procedures for Appealing Decisions by the Appeals Referee and the Employment Security Commission" pamphlets. You may obtain copies of the pamphlets at any local office of the Employment Security Commission. If you have questions about the processes, contact your local office or call the Adjudication Unit at (919) 733­7474, Appeals Department at (919) 733­4887, or the Legal Department at (919) 733­4636. North Carolina Labor and Employment FAQs Tue, 19 Aug 2008 22:46:11 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/is-an-employment-certificate-required-for-a-m.html Youth employment certificates are required for all youth under the age of 18. Some exemptions are allowed for public sector, domestic, and agricultural employers. Certificates are issued by the by the local county Department of Social Services, either in the county where the youth will work or in the county where the youth resides. In some counties, certain school personnel have been designated to issue certificates. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/what-are-the-legal-holidays-that-my-employer.html None. There is no requirement for legal holidays that employers have to observe. It is entirely up to your employer to give holiday time off with or without pay, or not to give any time off for holidays at all. However, once your employer does promise holiday pay, your employer must put its holiday policy in writing and make it available to its employees. North Carolina Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/what-happens-once-i-file-a-claim.html After you file your new claim, you will be mailed Form NCUI 550, Wage Transcript and Monetary Determination. This form shows the employer(s) for whom you worked during the base period applicable to your claim, and the amount of wages they paid you during each quarter. It also shows the weekly amount payable to you and the number of weeks payable. If you are ineligible for unemployment insurance benefits, the form will explain the reason(s) why. If any of the information on this form is incorrect or, if any of your employers during this time period are not listed on the form, you should report to your local Employment Security Commission office within 15 days from the date this determination was mailed to you. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/what-is-duration-of-benefits.html Duration is the number of weeks a claimant can receive the full weekly benefit amount. Minimum duration is 13 weeks; maximum duration is 26 weeks. Duration is calculated by dividing the total base period wages by the high quarter wages and then multiplying the result by eight and two­thirds. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/what-is-the-law-regarding-overtime.html The Wage and Hour Act regulates wage rates for overtime pay. Unless specifically exempted, employees who work more than 40 hours during any workweek must be paid time and one­half the regular promised rate of pay, except that overtime begins after 45 hours for employees of seasonal recreational and amusement establishments. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/North-Carolina/what-is-unemployment-insurance-tax.html Unemployment Insurance tax is a tax on employer payrolls paid by employers and used to provide funds from which unemployment benefits are paid to qualified unemployed workers. Unemployment tax is not deducted from employee wages. Unemployment tax payments made by employers are transferred to the Unemployment Insurance Trust Fund in Washington. Employers receive credit for tax payments that are posted to an experience rating account. These credits are used to determine the rate schedule from which the tax rates for contributory North Carolina employers are assigned on an annual basis. Each year a prorated share of the interest earned on this trust fund is added back to the experience rating account of each North Carolina employer having a credit balance. North Carolina Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Age-Discrimination-in-Employment-Act-ADEA/North-Carolina/index.html Free Age Discrimination in Employment Act (ADEA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Americans-with-Disabilities-Act-ADA/North-Carolina/index.html Free Americans with Disabilities Act (ADA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Background-Checks/North-Carolina/index.html Free Background Checks FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Civil-Rights-Act-of-1964-Title-VII/North-Carolina/index.html Free Civil Rights Act of 1964 (Title VII) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Cobra/North-Carolina/index.html Free Cobra Insurance FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Disability-Law/North-Carolina/index.html Free Disability Law FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Drug-Tests/North-Carolina/index.html Free Drug Tests FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEO-1-Report/North-Carolina/index.html Free EEO-1 Report FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEOC-Violations-and-Investigation/North-Carolina/index.html Free EEOC Violations & Investigation FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Employee-Retirement-Income-Security-Act-ERISA/North-Carolina/index.html Free Employee Retirement Income Security Act (ERISA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/North-Carolina/index.html Free Employment Discrimination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Fair-Labor-Standards-Act-FLSA/North-Carolina/index.html Free Fair Labor Standards Act (FLSA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Family-Medical-Leave-Act-FMLA/North-Carolina/index.html Free Family Medical Leave Act (FMLA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Management-Relations-Act-LMRA/North-Carolina/index.html Free Labor Management Relations Act (LMRA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Occupational-Safety-and-Health-Act-OSHA/North-Carolina/index.html Free Occupational Safety & Health Act (OSHA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Rehabilitation-Act-of-1973/North-Carolina/index.html Free Rehabilitation Act of 1973 FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Sexual-Harassment-HR/North-Carolina/index.html Free Sexual Harassment FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/Wages-and-Hours/North-Carolina/index.html Free Wages and Hours FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT http://resources.lawinfo.com/en/Legal-FAQs/WrongfulTermination/North-Carolina/index.html Free Wrongful Termination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 05:09:45 GMT