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NC H826

Bill

Status

Introduced

4/10/2013

Primary Sponsor

Richard Glazier

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Origin

House of Representatives

2013-2014 Session

AI Summary

  • Adds new definitions to labor law including "employment status," "intentional," and "willful" violations to clarify employer-employee relationships and violation standards.

  • Enhances notification requirements for employers to inform employees in writing at hiring and upon changes regarding promised wages, wage calculation basis, payment method/place, employer identification, and employment status classification.

  • Establishes liquidated damages of twice the unpaid wages for violations (or discretionary reduction for good faith employers), plus statutory damages up to $500 per employee per intentional violation, and requires courts to award attorney fees to prevailing employees.

  • Extends statute of limitations for wage claims from two to three years for willful violations and allows claims within one year after state agency notification of violations.

  • Creates wage liens on employer property (real and personal) for unpaid wages, allowing employees or the Commissioner to record liens, with liens taking priority over all other debts and judgments, and permits foreclosure actions on property subject to liens.

Legislative Description

Wage Theft/Misclassification/Remedies

Last Action

Ref to the Com on Commerce and Job Development, if favorable, Judiciary

4/11/2013

Committee Referrals

Commerce and Job Development4/11/2013

Full Bill Text

No bill text available