Bill Summaries: H828 (2011-2012 Session)

Tracking:
  • Summary date: Apr 8 2011 - View summary

    Amends GS 95-25.13 to add that an employer must notify employees of the full name, mailing address, and telephone number of the employer and the federal and state tax ID number of any employer who is not a natural person. Adds new GS 95-25.23D to provide a cause of action for violations of the notification provision. Remedies that may be awarded by a court include actual damages (lost wages and benefits plus interest), statutory damages, and injunctive or declaratory relief. Reasonable attorney fees and costs may be awarded to a prevailing plaintiff or to a defendant if the court determines the action was frivolous. Actions may be initiated by the Commissioner of Labor, who may also determine and supervise payments to employees who agree to waive the right to bring an action. Prior to initiating any action, the Commissioner must exhaust all administrative remedies, including giving the employer notice of the pending action and the opportunity to be heard on matters at issue. Actions must be brought within four years or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is later.
    Amends GS 95-25.22 to provide that actions for recovery of unpaid wages must be brought within two years or within one year after notification to the employee of final disposition by the State of a complaint for the same violation, whichever is less.