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North Carolina Deductions From Pay: What you need to know

North Carolina restricts an employer's right to deduct money from an employee's wages (NC Gen. Stat. Sec. 95-25.8). An employer may withhold any portion of an employee's wages only when the employer is required or permitted to do so by state or federal law (e.g., tax withholding or court-ordered garnishment), or the employer has a written authorization from the employee signed on or before the paydays for the pay periods from which the deduction is to be made, indicating the reason for the deduction.
When the amount or rate of the proposed deduction is known and agreed upon in advance, the written authorization from the employee must state the actual dollar amount or percentage of wages that will be deducted. If the deduction is for the convenience of the employee, the employee must be given a reasonable opportunity to withdraw the authorization.
When the amount of the proposed deduction is not known and agreed upon in advance, the employee must receive advance written notice of the actual amount to be deducted, receive written notice of his or her right to withdraw the authorization, and be given a reasonable opportunity to withdraw the authorization in writing.
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The deduction for amounts owed for the employer's benefit must comply with the following requirements:
• In nonovertime workweeks, an employer may reduce wages to the minimum wage level.
• In overtime workweeks, employers may reduce wages to the minimum wage level for nonovertime hours.
• No reductions may be made to overtime wages owed.
Statement required. Each employee must be furnished with an itemized statement of the deductions for each pay period.
Electronic note and authorization. A written authorization or written notice may be provided ...

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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