NC H1046

Proposes constitutional amendment to establish North Carolina state minimum wage at $9.00 per hour effective January 1, 2017.

Requires automatic annual cost-of-living adjustments to minimum wage beginning September 30, 2017, based on the consumer price index (CPI-U) calculated by the U.S. Department of Labor.

Prohibits employer retaliation against employees for exercising minimum wage rights and provides enforcement mechanisms including civil lawsuits, back wages, liquidated damages, attorney fees, and fines up to $1,000 per violation.

Allows private right of action with a 4-year statute of limitations (5 years for willful violations) and permits class action lawsuits; Attorney General may also enforce the amendment.

Amendment to be submitted to voters at statewide general election on November 8, 2016; if approved, requires conforming change to G.S. 95-25.3(a) regarding the state minimum wage statute.