Bill Summary for S 208 (2021)

Summary date: 

Jun 16 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 208 (Public) Filed Tuesday, March 9, 2021
AN ACT MAKING VARIOUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.
Intro. by Hise, Galey, Woodard.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.

Further revises the proposed authority granted in GS 95-133 of the Director of Occupational Safety and Health (Director) to obtain relevant medical records. Regarding medical records obtained by the Department of Health and Human Services, adds a requirement for the records to be kept separate from any investigative file, and now prohibits disclosure to any employer under investigation except as necessary to support the issuance of a citation in any enforcement proceeding (previously prohibited release or making the records public).

Adds the following content.

Repeals Article 5B of GS Chapter 95, which regulates job listing services. Makes conforming changes to GS 1-539.12(c).

Amends GS 95-25.5, providing for the Commissioner of Labor's issuance of youth employment certificates, no longer specifying that the certificates be issued both directly and electronically.

Amends GS 95-25.7, which governs payment to separated employees. Specifies that employees whose employment is discontinued must be paid all wages due on or before the next regular payday either through the regular pay channels or by trackable mail if requested by the employee in writing (was either through the regular pay channels or by mail if requested by the employee).

Amends GS 95-25.13 to now require employers to notify employees in writing at least one pay period prior to any changes in promised wages, rather than in writing or through a posted notice at least 24 hours prior to the changes. Also requires employers to notify employees in writing (was, orally or in writing) at the time of hiring of the promised wages and the day and place for payment. 

Amends GS 95-25.23A, which sets civil penalties for violations of employer record keeping requirements under GS 95-25.15(b) and regulations issued thereunder. Now sets the penalty at up to $250 per employee with a maximum of $2,000 per violation (was, per investigation).

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