AN ACT RELATING TO THE WITHHOLDING OF WAGES BY EMPLOYERS INCIDENT TO EMPLOYEE THEFT AND OTHER WRONGDOING.
Amends GS 95-25.8(e) to provide that if criminal process has issued against an employee, an employee has been indicted, or an employee has been arrested for a charge incident to a cash shortage, inventory shortage, or damage to an employer's property, an employer may withhold (was, may withhold or divert) a portion of the employee's wages in order to recoup the amount of the cash shortage, inventory shortage, or damage to the employer's property, without the written authorization required by the statute. Removes the requirement that the amount of such withholdings comply with the provisions of subsection (b) (which provides that in non-overtime workweeks, an employer may reduce wages to the minimum wage level, in overtime workweeks, employers may reduce wages to the minimum wage level for non-overtime hours, and that no reductions may be made to overtime wages owed). Requires that the amount deducted be reimbursed by the employer to the employee if the criminal process or indictment is dismissed (in additional to the already listed condition of when the employee is not found guilty).
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