Bill Text: NC H828 | 2011-2012 | Regular Session | Amended

North Carolina House Bill 828 (Prior Session Legislation)

Bill Title: Wage Theft Amendments

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-07 - Ref To Com On Commerce and Job Development [H828 Detail]

Download: North_Carolina-2011-H828-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 1

HOUSE BILL 828

Short Title: Wage Theft Amendments.		(Public)
Sponsors:	Representative Glazier (Primary Sponsor). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Commerce and Job Development.

April 7, 2011

A BILL TO BE ENTITLED

AN ACT to amend the labor laws pertaining to the recovery of unpaid wages.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 95‑25.13(1) reads as rewritten:

"§ 95‑25.13. Notification, posting, and records.

Every employer shall:

(1) Notify its employees, orally or in writing at the time of hiring, of the following information:

a. The promised ~~wages and the~~ wages.

b. The day and place for ~~payment;~~payment.

c. The full name, mailing address, and telephone number of the employer and the federal and state tax identification number of each employer who is not a natural person.

�."

SECTION 2. G.S. 95‑25.22 reads as rewritten:

"§ 95‑25.22. Recovery of unpaid wages.

(a) Any employer who violates the provisions of G.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4 (Overtime), or G.S. 95‑25.6 through 95‑25.12 (Wage Payment) shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, their unpaid overtime compensation, or their unpaid amounts due under G.S. 95‑25.6 through G.S. 95‑25.12, as the case may be, plus interest at the legal rate set forth in G.S. 24‑1, from the date each amount first came due.

(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the court shall award liquidated damages in an amount equal twice to the amount found to be due as provided in subsection (a) of this section, provided that if the employer shows to the satisfaction of the court that the act or omission constituting the violation was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Article, the court may, in its discretion, award no liquidated damages or may award any amount of liquidated damages not exceeding twice the amount found due as provided in subsection (a) of this section.

(b) Action to recover such liability may be maintained in the General Court of Justice by any one or more employees.

(c) Action to recover such liability may also be maintained in the General Court of Justice by the Commissioner at the request of the employees affected. Any sums thus recovered by the Commissioner on behalf of an employee shall be held in a special deposit account and shall be paid directly to the employee or employees affected.

(d) The court, in any action brought under this Article may, in addition to any judgment awarded plaintiff, order costs and fees of the action and reasonable attorneys' fees to be paid by the defendant. In an action brought by the Commissioner in which a default judgment is entered, the clerk shall order attorneys' fees of three hundred dollars ($300.00) to be paid by the defendant.

The court may order costs and fees of the action and reasonable attorneys' fees to be paid by the plaintiff if the court determines that the action was frivolous.

(e) The Commissioner is authorized to determine and supervise the payment of the amounts due under this section, including interest at the legal rate set forth in G.S. 24‑1, from the date each amount first came due, and the agreement to accept such amounts by the employee shall constitute a waiver of the employee's right to bring an action under subsection (b) of this section.

(f) Actions under this section must be brought within two years pursuant to ~~G.S. 1‑53.~~G.S. 1‑53, or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is less.

(g) Prior to initiating any action under this section, the Commissioner shall exhaust all administrative remedies, including giving the employer the opportunity to be heard on the matters at issue and giving the employer notice of the pending action."

SECTION 3. Article 2A of Chapter 95 of the General Statutes is amended by adding a new section to read:

"§ 95‑25.23D. Violation of notification requirement.

(a) Upon a finding of a violation of G.S. 95‑25.13 or any rule adopted under that section, the court shall award one or more of the following:

(1) Actual damages, including, but not limited to, lost wages and benefits plus interest.

(2) Statutory damages of up to fifty dollars ($50.00) for each working day that violations have occurred or continue to occur.

(3) Other appropriate relief, including injunctive, declaratory relief, or both that the court in its discretion deems necessary or appropriate.

(b) An action to recover such liability may also be maintained in the General Court of Justice by the Commissioner at the request of the employees affected. Any sums thus recovered by the Commissioner on behalf of an employee shall be held in a special deposit account and shall be paid directly to the employee or employees affected.

(c) The court, in any action brought under this Article shall, in addition to any judgment awarded plaintiff, order costs and fees of the action and reasonable attorneys' fees to be paid by the defendant. In an action brought by the Commissioner in which a default judgment is entered, the clerk shall order attorneys' fees of three hundred dollars ($300.00) to be paid by the defendant. The court may order costs and fees of the action and reasonable attorneys' fees to be paid by the plaintiff if the court determines that the action was frivolous.

(e) The Commissioner may determine and supervise the payment of the amounts due under this section, including interest at the legal rate set forth in G.S. 24‑1, from the date each amount first came due, and the agreement to accept such amounts by the employee shall constitute a waiver of the employee's right to bring an action under subsection (b) of this section.

(f) Actions under this section must be brought within four years pursuant to G.S. 1‑53, or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is later.

SECTION 4. This act is effective when it becomes law and applies to employers and employees on or after that date.