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1 EMPLOYEE RIGHTS - North Carolina Bar Association
https://www.ncbar.org/wp-content/uploads/2020/06/employeeabcsmaterials.pdf
Under NC law, an employer is allowed to pay a lower minimum wage -- only $2.43 an hour -- if the employee routinely earns at least $30 per month in tips and if ...
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2 North Carolina Workers' Compensation Update - MGC Law
https://mgclaw.com/north-carolina-workers-compensation-update-8/
Under §97-19, the principal/intermediate contractor may be treated as the injured worker's “statutory employer,” and may be required to provide ...
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3 Independent Contractors: North Carolina - Smith Anderson
https://www.smithlaw.com/media/alert/290_Independent_Contractors_North_Carolina_288-507-1899_29.pdf
A Q&A guide to state law on independent contractor status for private employers in North. Carolina. This Q&A addresses how independent.
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4 Chapter 95 - North Carolina General Assembly
https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter95
The term "employee" shall include members of the North Carolina ... Part 5 of Article 13 of Chapter 143B of the General Statutes. "Employee" shall not ...
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5 North Carolina Workers' Comp Laws for Contractors & Subs
https://www.wilderlawgroup.com/nc-sc-injured-workers/independent-contractors/
North Carolina's appellate courts have noted that § 97-19 is an exception to the general definition of “employment” and “employee,” and it provides that a ...
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6 Chapter 126 - North Carolina General Assembly
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_126.html
(6) One member appointed by the Governor who is a State employee subject to ... the 1971 North Carolina Session Laws, Chapter 143A of the General Statutes, ...
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7 What is the Law Regarding Independent Contractors and ...
https://www.carolinaemploymentlawyer.com/library/what-is-the-law-regarding-independent-contractors-and-overtime-pay-in-north-carolina-.cfm
Understanding Independent Contractor Exemptions from Overtime Pay Law in North Carolina. Phil Gibbons, Charlotte, NC, employee rights lawyer, can help ...
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8 Statutory Employees | Internal Revenue Service
https://www.irs.gov/businesses/small-businesses-self-employed/statutory-employees
› small-businesses-self-employed
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9 Independent Contractors: North Carolina | Practical Law
https://content.next.westlaw.com/practical-law/document/I77ec39f8ef2e11e28578f7ccc38dcbee/State-Q-A-Independent-Contractors-North-Carolina?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=eca7ed4800004da0bfdc9dafea6af1a3&contextData=(sc.DocLink)
There is no definition of independent contractor status for workers' compensation, wage and hour laws, or North Carolina income tax withholding. North ...
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10 Employee Classification - NC Landscape Contractors
https://nclclb.com/links/employee-classification/
Stat. §§ 95-25.2(4)(NC Department Of Labor), 143-762(a)(3)(Employee Fair Classification Act), 96- ...
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11 Article 83. Employee Fair Classification Act. § 143-785. Title ...
https://nccpaboard.gov/wp-content/uploads/2021/05/article_83.pdf
NC General Statutes - Chapter 143 Article 83. 1. Article 83. Employee Fair Classification Act. § 143-785. Title. This Article shall be known and may be ...
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12 Workers Compensation - NC DOI
https://www.ncdoi.gov/consumers/business-insurance/workers-compensation
Those businesses that employ three or more employees are required to carry workers compensation insurance except agricultural employment with fewer than 10 ...
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13 Rule 5 - Policy and Endorsements - NCRB.org
https://www.ncrb.org/digitallibrary/basicmanual/Rule_5_-_Policy_and_Endorsements.htm
Workers compensation insurance is statutory coverage for employers subject to the workers compensation law of North Carolina.
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14 North Carolina - ALFA International
https://www.alfainternational.com/compendium/labor-employment/north-carolina/
The at-will employment doctrine in North Carolina was created judicially and not by statute. See Smith v. Ford Motor Co., 221 S.E.2d 282, 289 N.C. 71 (1976) ( ...
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15 Quick and Easy Guide to Labor & Employment Law: North ...
https://www.bakerdonelson.com/easy-guide-north-carolina
North Carolina is a right to work state. N.C. Gen. Stat. §§ 95-78 to 84. An employer may not condition employment, including the continuation of employment, on ...
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16 Independent Contractor - UNCSA
https://www.uncsa.edu/mysa/faculty-staff/working-at-uncsa/financial-services/tax-compliance/independent-contractor.aspx
Application of Policy · Types of Employment Relationships · Tax Reporting and Withholding Requirements · 4% NC withholding on nonresident personal services.
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17 South Carolina Court Changes Statutory Employee Doctrine
https://www.enjuris.com/blog/sc/court-statutory-employee-ruling/
In South Carolina, the term “employee” includes “every person engaged in employment under any appointment, contract to hire, or apprenticeship.” An employee who ...
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18 Misclassification—Independent Contractors and Employees
https://www.ncjustice.org/publications/misclassification-independent-contractors-and-employees/
Benefits and procedures are different for independent contractors and employees. Read more below… North Carolina Justice Center. 224 S. Dawson St , ...
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19 Analyses of Section 97-19 - Liability of principal contractors ...
https://casetext.com/statute/general-statutes-of-north-carolina/chapter-97-workers-compensation-act/article-1-workers-compensation-act/section-97-19-liability-of-principal-contractors-certificate-that-subcontractor-has-complied-with-law-right-to-recover-compensation-of-those-who-would-have-been-liable-order-of-liability/analysis?citingPage=1&sort=relevance
NC SCT Splits Over Case Using Lease And Purchase Agreements To Reach ... the statutory employer of the tenant's injured worker and liable for workers' comp.
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20 Who Is Considered Statutory Employee Under Workers ...
https://cutcompcosts.com/2009/05/who-is-considered-statutory-employee.html/
Statutory employees - a person hired to do the same work as the company employees regularly do may be considered a statutory employee.
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21 Tax Classifications: Statutory Employees vs Nonstatutory
https://www.carsonthorncpa.com/news/employees-contractors-and-statutory-non-statutory-employees
A statutory employee splits the difference between an independent contractor and a common law employee. They are an independent contractor who provides a ...
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22 Employment Law in NC Cities and Counties.pdf
https://www.sog.unc.edu/sites/www.sog.unc.edu/files/course_materials/Employment%20Law%20in%20NC%20Cities%20and%20Counties.pdf
For some city and county employees, however, their status as at-will employees is explicitly stated in the General Statutes (hereinafter G.S.). For example, ...
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23 North Carolina Workers' Compensation Law
https://mccabelawoffices.com/articles/north-carolina-workers-compensation-law/
In 1929, North Carolina adopted its workers' compensation act as a “statutory compromise” between employees and their employers.
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24 EMPLOYMENT ISSUES
https://www.ncrec.gov/Pdfs/bicar/EmploymentIssues.pdf
NC Department of Employment Security. ... independent contractors, statutory employees and statutory non-employees. The IRS applies a.
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25 North Carolina - Worker Classification
https://www.workerclassification.com/State-Resources/North-Carolina
Resources and Developments ... There are no recent developments at this time. New developments will be posted as they occur. Unemployment Insurance. Statutes.
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26 South Carolina Supreme Court Issues Landmark Decision ...
https://www.cshlaw.com/resources/south-carolina-supreme-court-issues-landmark-decision-regarding-contract-workers/
Prior to Keene, South Carolina's statutory employee doctrine precluded “statutory employees” – or contract workers who performed activities ...
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27 Misclassification of Workers as Independent Contractors in ...
https://carolinaaccounting.com/misclassification-of-workers-as-independent-contractors/
North Carolina to aggressively target businesses for misclassification of ... Commission to facilitate investigation of potential statutory violations.
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28 Current State of the Law regarding the Issue of Statutory ...
https://joemillerinjurylaw.com/articles/current-state-of-the-law-regarding-the-issue-of-statutory-employees-in-virginia/
1999). Recent Articles. Experienced Workers' Compensation Representation for Hospitality Workers · North Carolina and Virginia Workers' Compensation ...
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29 North Carolina workers' compensation insurance - Insureon
https://www.insureon.com/small-business-insurance/workers-compensation/north-carolina
North Carolina law specifies that any business that employs three or more people is required to carry workers' compensation coverage. This ...
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30 Q&A: managing the employment relationship in the ... - Lexology
https://www.lexology.com/library/detail.aspx?g=8e61c00e-b2c8-4474-8eae-12b4a665e7b3
Operating in concert with federal statutes, the North Carolina Equal Employment Practices Act makes it illegal for any employer with 15 or ...
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31 Misclassification of Employees as Independent Contractors
https://www.dol.gov/agencies/whd/flsa/misclassification
A worker is entitled to minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) when there is an employment relationship between the ...
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32 The Employee/Independent Contractor Controversy
https://digitalcommons.fairfield.edu/cgi/viewcontent.cgi?article=1027&context=nealsb
independent contractor or statutory employee status so as to be ... included North Carolina, South Carolina, Wyoming and parts.
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33 What is Employment at Will? - Hill Evans Jordan & Beatty, PLLC
https://hillevans.com/triad-legal-services/employment-litigation/employment-at-will/
North Carolina is an employment-at-will state. This means that in the absence of a contractual agreement between an employer and an employee establishing a ...
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34 North Carolina Employment Lawyer - Harman Law
https://harmanlawnc.com/employment-law/
what is the statute of limitations for filing an employment lawsuit? Employers and employees are expected to file any employment dispute lawsuit ...
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35 Know Your North Carolina Workers' Compensation Laws
https://www.lawyernc.com/blog/know-your-north-carolina-workers-compensation-laws/
North Carolina's workers' compensation is a no-fault system. Injured employees in North Carolina are entitled to worker's compensation benefits regardless of ...
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36 Tax Information & Employer Requirements
https://edpnc.com/start-or-grow-a-business/start-a-business/employer-requirements-business-tax-information/
The Workers' Compensation Act is administered via the North Carolina Industrial Commission. It requires any employer with three or more employees provide ...
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37 North Carolina Workers Compensation Laws - WCC
https://www.workcompconsultant.com/s33-north-carolina-workers-compensation/
› s33-north-caro...
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38 Workers' Compensation (NC) North Carolina | The Hartford
https://www.thehartford.com/workers-compensation/north-carolina
Workers' compensation in NC is required for employers with three or more employees. North Carolina workers' compensation laws are different than other ...
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39 Independent Contractor vs. Subcontractor - Teague Campbell
https://teaguecampbell.com/independent-contractor-vs-subcontractor-two-different-analyses-not-exclusive-of-the-other/
The term “statutory employer” is not defined in the North Carolina Workers' Compensation Act. However, North Carolina Courts have applied ...
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40 Group Application for Blue Cross and Blue Shield of North ...
https://www.meridianbenefitsgroup.com/s/BCBS-Group-App.pdf
An individual who is a “statutory employee” as that term is ... North Carolina General Statute § 58-50-110(22b): a “Small employer” means, in connection ...
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41 Public Notice Statement-Employee Misclassification
https://www.ncpsychologyboard.org/public-notice-statement-employee-misclassification/
Stat. §§ 95-25.2(4)(NC Department of Labor), 143-762(a)(3)(Employee Fair Classification Act), 96- ...
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42 Filing a Whistleblower or Retaliation Claim - North Carolina
https://bwlawonline.com/blog/employee-rights/whistleblower-retaliation-claim-nc/
In addition, the North Carolina General Assembly has adopted a general anti-retaliation statute, the Retaliatory Employment Discrimination Act (REDA). REDA ...
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43 Promises in Writing: Recent Amendments to North Carolina ...
https://www.nexsenpruet.com/publication-promises-in-writing-recent-amendments-to-north
North Carolina employers must comply with new wage notification requirements due to amendments to the North Carolina Wage and Hour Act (N.C. ...
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44 What's New in 2022? Laws and Regulations Taking Effect in ...
https://www.littler.com/publication-press/publication/whats-new-2022-laws-and-regulations-taking-effect-new-year
Certain localities in North Carolina also adopted a similar approach. ... of Regulatory Agencies for an employee who is substantiated in a ...
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45 Office of the Controller Policy 5 Independent Contractors
https://acb.uncg.edu/wp-content/uploads/Office-of-the-Controller-Policy-5-Independent-Contractors.pdf
The University of North Carolina at Greensboro. Approved by Paul Forte, ... A statutory employee is an individual who works for an employer but is not an.
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46 Message for all applicants and those renewing a license
https://ncboeslpa.org/announcement/message-for-all-applicants-and-those-renewing-a-license/
Stat. §§ 95-25.2(4)(NC Department Of Labor), 143-762(a)(3)(Employee Fair Classification Act), 96- ...
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47 Article 1 - Workers' Compensation Act. :: 2020 North Carolina ...
https://law.justia.com/codes/north-carolina/2020/chapter-97/article-1/
Justia Free Databases of US Laws, Codes & Statutes.
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48 North Carolina Confronts Misclassification - Ogletree Deakins
https://ogletree.com/insights/north-carolina-confronts-misclassification-what-your-organization-needs-to-know-about-the-employee-fair-classification-act/
Starting December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section responsible for ...
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49 What is The Workers' Compensation Statute of Limitations in ...
https://www.stewartlawoffices.net/location/charlotte-personal-injury-lawyer/workers-compensation/statute-of-limitations
Under North Carolina law, the statute of limitations for workers' compensation claims is two years from the date of the injury. Learn more and contact us.
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50 Employee or Independent Contractor? A Closer Look at the ...
https://gemmcdowell.com/employee-or-independent-contractor-a-closer-look-at-the-four-factor-model/
Statutory employee: A statutory employee is worker whose income is treated as if they're an independent contractor but whose taxes are treated ...
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51 Frequently Asked NC Workers' Compensation Questions
https://ncworkercomp.com/faq/
Part time and most temporary workers are counted as employees under NC workers' comp law. There are special rules for contractors and trucking operations that ...
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52 The Worker's Compensation System in North Carolina
https://www.tatumlawfirm.com/the-workers-compensation-system-in-north-carolina/
An independent contractor is defined as “one who exercises an independent employment and contracts to do certain work according to his own judgment and method, ...
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53 North Carolina Lawful Use Of Lawful Products Statute
https://coffieldlaw.com/north-carolina-lawful-use-of-lawful-products-statute-protections-for-employees-who-drink-tea/
The law applies to all North Carolina employers with three or more regularly employed employees. N.C. Gen. Stat. Ann. § 95-28.2(a). Protected Activities. The ...
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54 Frequently Asked Questions Regarding the Deduction for Net ...
https://www.ncdor.gov/frequently-asked-questions-regarding-deduction-net-business-income
A statutory employee reports all items of income and expense for the related activity on federal Schedule C. If the individual reports a net ...
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55 South Carolina: Control Not Key to Determining Statutory ...
https://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trends-developments/posts/south-carolina-control-not-key-to-determining-statutory-employee-status
If any of these tests was satisfied, the decedent was Seko Charlotte's statutory employee. The Court held that under these facts, the decedent ...
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56 What Is the NC Statute of Limitations for Workers' Comp Claims?
https://whitleylawfirm.com/blog/workers-comp-claim-time-limit/
Another major difference is how long you have to bring a claim after a workplace accident. North Carolina workers' compensation statutory limits. What Is the ...
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57 South Carolina Supreme Court Issues Landmark ... - JD Supra
https://www.jdsupra.com/legalnews/south-carolina-supreme-court-issues-6600631/
Prior to Keene, South Carolina's statutory employee doctrine precluded “statutory employees” – or contract workers who (1) were an important ...
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58 Chapter 87-Article 4
https://www.ncbeec.org/chapter-87article-4/
North Carolina General Statutes: Chapter 87 (Contractors), Article 4 (Electrical Contractors). Contact Us. 87-39. Board of Examiners; appointment; terms; ...
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59 South Carolina Code of Laws, Title 42
https://www.scstatehouse.gov/code/t42c001.php
Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed a part of his earnings.
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60 WHO IS AN INDEPENDENT CONTRACTOR?
https://imacorp.com/business/wp-content/uploads/sites/2/2018/01/IMA_Whitepaper_IndepContractExposuresGuidelines_2015.pdf
performed by employees the employer also owes the employee certain rights such ... Under certain situations, the law will hold the employer as a “statutory ...
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61 Workers' Compensation Immunity
https://sdvlaw.com/docs/news.22.pdf
§ 97-19. Immunity if benefits are paid by statutory employer. See. Rich v. R.L. Casey, Inc., 454 S.E.2d 666 (N.C. Ct. App. 1995). No ...
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62 What is a statutory employee? - SHRM
https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/whatisastatutoryemployee.aspx
A statutory employee is an individual who is specifically defined as an employee by statute. Although most individuals are determined to be employees under ...
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63 North Carolina General Statutes Chapter 97. Workers ...
https://codes.findlaw.com/nc/chapter-97-workers-compensation-act/nc-gen-st-sect-97-2.html
Any sole proprietor or partner of a business or any member of a limited liability company may elect to be included as an employee under the workers' ...
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64 Employee Discipline: North Carolina | Employment Law Manual
https://www.xperthr.com/employment-law-manual/employee-discipline-north-carolina/2290/
Summary · Most employees in North Carolina are employees at-will, meaning that employers have significant flexibility in disciplining or terminating them.
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65 North Carolina Laws for Tipped Employees - Nolo
https://www.nolo.com/legal-encyclopedia/north-carolina-laws-tipped-employees.html
State law allows the employer to take a tip credit. Some states allow the employer to count all or part of an employee's tips towards its minimum wage ...
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66 North Carolina Wage Payment - Employment Law Handbook
https://www.employmentlawhandbook.com/employment-and-labor-laws/states/north-carolina/wage-payment/
An employer must have written consent from an employee to deduct interest, fees, and other charges associated with advances or loans. NC Statute 95-25.8; NC ...
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67 Statutory Employee: What you need to know? [2022]
https://diversity.social/statutory-employee/
Statutory employees are not the type that can get a permanent position. These are the type of employees that is like an independent contractor ...
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68 North Carolina Licensing Board for General Contractors
https://www.nclbgc.org/wp-content/uploads/2020/03/2020_GenCont_LawsAndRegulations.pdf
(2) Furnish proof that the person has in effect Workers' Compensation insurance as required by Chapter 97 of the General Statutes. (3) Any person, firm, or ...
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69 Statutes of Limitations Under Major North Carolina ...
https://uk.practicallaw.thomsonreuters.com/w-010-0224?transitionType=Default&contextData=(sc.Default)
The Chart identifies laws relating to, for example, workplace discrimination, employee leave, minimum wage, and unemployment and workers' compensation. Free ...
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70 Workers' Compensation Laws – State by State Comparison
https://www.nfib.com/content/legal-compliance/legal/workers-compensation-laws-state-by-state-comparison-57181/
Businesses that fail to carry compulsory workers' compensation insurance can face severe ... North CarolinaWorker Compensation Requirements.
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71 North Carolina Right to Work Laws & Employment at Will
https://www.farrin.com/blog/north-carolina-right-to-work-laws/
The statute says: “The right to live includes the right to work. The right to work shall not be denied or abridged on account of membership or ...
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72 Independent Contractor vs Employee?: What is the Difference
https://www.eidebailly.com/insights/articles/2018/1/independent-contractor-or-employee
Common-law employees are not the only type of employees. Independent contractors can still be considered employees by statute if they fall under any of the ...
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73 Employee or Independent Contractor Classification Under the ...
https://www.federalregister.gov/documents/2022/10/13/2022-21454/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act
The Court added that “[n]o one [factor] is controlling nor is the list ... regulatory text is valuable to potential employers, to workers, ...
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74 What Every North Carolina Employer Needs to Know About ...
https://www.fisherphillips.com/news-insights/north-carolina-employer-restrictive-workplace-covenants-part-1.html
Employers across North Carolina invest a lot of time and money in their ... From an employee's viewpoint, restrictive covenants potentially ...
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75 north carolina able implementing agreement - NC Treasurer
https://www.nctreasurer.com/media/1440/download
Carolina General Statutes (“State Statute”) provide for the establishment of the NC ABLE Plan ... North Carolina employee that would violate that policy.
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76 North Carolina and South Carolina Employment Law Oddities
https://www.wyrick.com/news-insights/north-carolina-and-south-carolina-employment-law-oddities
However, North Carolina does have the Retaliatory Employment Discrimination ... across several areas already governed by state statutes.
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77 Workers' Compensation Insurance Laws in North Carolina
https://connorlaw.com/workers-compensation-insurance-laws-in-north-carolina/
Chapter 97 of the North Carolina General Statutes contains the Workers' Compensation Act (“WCA”). It states that employers with more than ...
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78 Do Workers' Comp Laws Protect Independent Contractors in ...
https://www.duncanlawonline.com/workers-compensation-laws-protect-independent-contractors-north-carolina/
then the North Carolina Industrial Commission may view this person as an employee rather than an independent contractor. As a result, this ...
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79 Changes to Workers' Compensation Statutes Relax Penalties ...
https://www.tuggleduggins.com/2018/08/changes-to-workers-compensation-statutes-relax-penalties-on-struggling-small-businesses-in-north-carolina-daniel-stratton/
Under North Carolina law, any business which employs three or more employees is required to carry workers' compensation insurance in order to ...
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80 All Employers in North Carolina Must Now Post an ...
https://www.wesselssherman.com/2018/01/all-employers-in-north-carolina-must-now-post-an-independent-contractor-notice/
The new Employee Classification Section will investigate reports of misclassification and also coordinate with other state agencies in the ...
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81 The North Carolina Wage and Hour Act Provides Strong Legal ...
https://www.whiteman-law.com/the-north-carolina-wage-and-hour-act-provides-strong-legal-remedies-for-employees/
Under the Act, an employee must be paid at least the state minimum wage of $7.25 per hour and time and one-half overtime pay for all hours worked in excess of ...
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82 Forms | North Carolina Judicial Branch
https://www.nccourts.gov/documents/forms
Narrow your search by entering a keyword, General Statute, form number, form title, etc. ... Status Of Employment Under The Fair Labor Standards Act.
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83 MyNCRetirement | My NC Retirement
https://www.myncretirement.com/
The North Carolina Retirement Systems is a division of the Department of State Treasurer, and we administer the pension benefits for state and local ...
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84 Job Opportunities | Careers with the State of NC
https://www.governmentjobs.com/careers/northcarolina
We are offering interviews and offers for employment on-site at the ... The North Carolina Division of Prisons is eager to hire those ...
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85 What should employees know about working for NC government
https://www.newsobserver.com/news/politics-government/article259915595.html
North Carolina state workers: what is SEANC, are teachers state employees, what is exempt and non-exempt, how do I apply for a state job, ...
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86 Statutes of Limitation in a VA or NC Workers Comp Claim
https://www.youtube.com/watch?v=xGFEEFMbIdk
Joe Miller
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87 All COVID-19 Related Information | Raleighnc.gov
https://raleighnc.gov/COVID-19
In the Spring of 2020, the State of North Carolina, Wake County, ... will be conducted in accordance with the provisions of that statute.
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88 E-Verify
https://www.e-verify.gov/
... employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically ...
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89 Employee or Contractor? North Carolina Cracks Down on ...
https://skufcalaw.com/2020/10/20/employee-or-contractor-north-carolina-cracks-down-on-employee-misclassification-what-you-need-to-know-about-the-employee-fair-classification-act/
As a result of the passage of the North Carolina's Employee Fair Classification Act in 2017 (the “EFCA”), the Employee Classification Section ...
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90 Duke Careers
https://careers.duke.edu/
Located in Durham, North Carolina, Duke University has evolved into one of the world's leading institutions for education, research and patient care.
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91 How to File a Charge of Employment Discrimination
https://www.eeoc.gov/how-file-charge-employment-discrimination
For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency ...
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92 Statutory Employment - Clement Rivers, LLP
https://ycrlaw.com/blog/2020/09/statutory-employment/
Everyone is familiar with the terms “upstream contractor” and “statutory employer” as they are defined in the South Carolina Workers Compensation Act, ...
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