Changes to the NC Wage & Hour Act
Changes to the North Carolina Wage and Hour Act have been signed into law by Governor Roy Cooper. The changes to the law are summarized below:
Hiring New Employees: At the time of hiring, employers must notify new employees, in writing, of the promised wages and the day and place for payment.
If employers already use written offer letters for all new hires, this new obligation may already be met if the offer letter states:
The promised wages (hourly rate or monthly/annual salary)
Date of payment (i.e., the second Friday and last day of the month, or such other regular payroll schedule adopted by the employer)
Place of the payment (describe how the regular paychecks will be delivered or how ACH transfers can be arranged).
If employers do not use written offer letters, they should begin utilizing a written offer process that meets the new statutory requirements.
Decrease in Wage Rate: If an employer needs to adjust an employee’s wages downward, then it must provide the employee with written notice at least one pay period prior to the change. There is no notice requirement for any upward adjustments to wages.
Termination of Employment: Upon a termination of employment, final wages must be paid on or before the next regular payday either through the regular pay channels or by trackable mail if requested by the employee in writing, regardless of the reason for the termination of employment.
If the employee’s wages are regularly paid via mail, then the final paycheck may also be sent by mail without a written request. I recommend the employer use a trackable form of mail, i.e. USPS Priority Mail, UPS, FedEx, etc. even if it is normally sent via USPS First Class Mail.
If an employee’s wages are regularly paid via ACH deposit or hand delivery, the final paycheck must be delivered using the same method, unless the employee agrees in writing to have it sent via trackable mail.
If an employee who regularly receives their paycheck through hand delivery has been terminated for cause and has not otherwise made a voluntary request to have their final paycheck mailed, I recommend including an authorization to mail the final paycheck in the employee’s exit paperwork for them to review and sign. Once an employee has been terminated, an employer wants to avoid any possible safety and/or security risks by allowing the employee to return to the employer's property.