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Obligations  United States  North Carolina

What a North Carolina business has to have in writing

North Carolina puts most of its written-document load on the employment side and runs a full OSHA State Plan covering private and public workplaces, so the state's own OSH notice sits on every wall next to the Wage and Hour notice.

The Wage and Hour Act makes an employer's own pay and benefit policies legally binding and requires them to be in writing or posted, with written notice a pay period before any cut.

Employers with 25 or more North Carolina employees must run every new hire through E-Verify, employers who drug test must follow the Controlled Substance Examination Regulation Act's procedures, and businesses with three or more employees must carry workers' compensation and post Form 17.

On data, the Identity Theft Protection Act sets breach notification to consumers and the Attorney General plus a duty to destroy records holding personal information; North Carolina has no comprehensive consumer privacy statute.

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What applies

North Carolina rules for a 15–19 person general business

State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by
Identity Theft Protection Act - security breach notificationAI-compiledN.C. Gen. Stat. § 75-65Any business that owns or licenses personal information of North Carolina residents, and any business that maintains such records for anotherDistribute
Notice
Notify affected residents without unreasonable delay once a breach of unencrypted, unredacted personal information is discovered and the risk assessment is done, and file a report with the Attorney General's Consumer Protection Division using the state's security breach reporting form, describing the incident, the number of North Carolinians affected and the steps taken. Failing to notify the Attorney General is an unfair trade practice under G.S. 75-1.1 with penalties under G.S. 75-65.
From the first employee
North Carolina Attorney General, Consumer Protection Division

Data Security Program 1A written safeguards program the state requires before anything goes wrong

LawProduceWhat it requiresTriggerEnforced by
Destruction of personal information recordsAI-compiledN.C. Gen. Stat. § 75-64Any business that holds records containing personal information about a customer or employeeWrite
Written program
Take reasonable measures to protect against unauthorised access when disposing of records with personal information: shred, erase or otherwise make the information unreadable or undecipherable, and hold vendors doing the destruction to the same standard. In practice this means a written retention and disposal procedure that staff follow.
From the first employee
North Carolina Attorney General, Consumer Protection Division; private action under the Unfair and Deceptive Trade Practices Act

Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA

LawProduceWhat it requiresTriggerEnforced by
Occupational Safety and Health Act of North Carolina (State Plan)AI-compiledN.C. Gen. Stat. ch. 95, art. 16; 13 NCAC 07; 29 CFR 1952 (North Carolina State Plan)All private-sector employers plus state and local government agencies. North Carolina runs a full OSHA-approved State Plan, so NCDOL rather than federal OSHA inspects and enforces.Write
Written program
Follow the standards NCDOL OSH adopts (federal standards plus North Carolina-specific rules), post the OSH Notice to Employees, keep OSHA 300 injury and illness records and post the 300A summary, and report work-related fatalities, hospitalisations, amputations and loss of an eye to NCDOL. Written safety and health programs are required by individual standards rather than one general rule; NCDOL publishes free example written programs for general industry and construction.
From the first employee
N.C. Department of Labor, Occupational Safety and Health Division

Required Postings 2The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by
North Carolina workplace labor law postersAI-compiledN.C. Gen. Stat. §§ 95-9, 95-25.13(1), 95-241 (REDA)Every North Carolina employerPost
Posting
Post the NCDOL OSH Notice to Employees and the Wage and Hour Notice to Employees, in English and Spanish, in a conspicuous place where notices to employees are customarily posted. NCDOL supplies both free. Other required notices come from other agencies, including the Industrial Commission's Form 17 workers' compensation poster and the federal posters.
From the first employee
N.C. Department of Labor
Workers' compensation coverage and Form 17 workplace posterAI-compiledN.C. Gen. Stat. ch. 97 (Workers' Compensation Act); NCIC Rule 103Businesses employing three or more employees on a regular basis (one or more where radiation is used); corporate officers count toward the threePost
Posting
Buy workers' compensation insurance or qualify as a self-insured employer, and post Form 17, the Workers' Compensation Notice to Injured Workers and Employers, in a conspicuous place at each workplace in English and Spanish so employees can see that coverage is in force. Report injuries to the Commission on Form 19.
3+ employees
North Carolina Industrial Commission (Compliance Division; Criminal Investigations and Employee Classification Division)

Licensing and Certifications 3Registrations, licences and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by
Business entity registration and annual reportAI-compiledN.C. Gen. Stat. ch. 55 (corporations), ch. 57D (LLCs), ch. 66 art. 14A (assumed business names)Corporations, LLCs, limited partnerships and out-of-state entities transacting business in North Carolina; sole proprietors and partnerships using a trade name file an assumed business name certificate with the register of deedsFile
Filing / record
File articles of incorporation or organisation (or an application for a certificate of authority) with the Secretary of State, name and keep a registered agent and registered office in North Carolina, and file the business annual report every year to stay in good standing. Reinstatement filings are needed if the entity is administratively dissolved.
From the first employee
North Carolina Secretary of State, Business Registration Division
Food establishment permit and food protection rulesAI-compiledN.C. Gen. Stat. §§ 130A-248, 130A-23; 15A NCAC 18A .2600 (Rules Governing the Food Protection and Sanitation of Food Establishments, adopting the 2017 FDA Food Code)Restaurants, food stands, mobile food units, pushcarts, meat markets, hotels, bed and breakfasts and summer campsFile
Filing / record
Submit plans for review and obtain a permit from the county health department before opening; operate to the North Carolina Food Code and display the sanitation grade card from each inspection (A at 90 percent or above, B at 80, C at 70, permit revoked below 70). Rule .2652 has required a certified food protection manager, credentialed through an accredited program, at food establishments since January 1, 2014.
From the first employee
N.C. Department of Health and Human Services, Division of Public Health, Environmental Health Section; county health departments
General contractor licenceAI-compiledN.C. Gen. Stat. ch. 87, art. 1; 21 NCAC 12Anyone who undertakes to build, alter or repair a building or other improvement where the cost of the project is $40,000 or moreCertify
Certification
Apply to the Licensing Board for General Contractors, pass the examination for the right classification and limitation, show the required working capital or surety, renew the licence each year and complete the mandatory continuing education. Building inspectors check the licence before issuing permits on qualifying projects.
From the first employee
North Carolina Licensing Board for General Contractors

Other Written Policies 4Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by
Wage and Hour Act notification of pay and policiesAI-compiledN.C. Gen. Stat. § 95-25.13Every North Carolina employerWrite
Written policy
Tell employees at hire what they will be paid and when they will be paid; make employment practices and policies on promised wages available in writing or through a posted notice employees can reach; give written notice at least one pay period before any change that reduces pay or wage benefits (a change may never be retroactive); and give an itemised statement of deductions with each pay. Once a policy is promised, North Carolina treats it as legally enforceable wages.
From the first employee
N.C. Department of Labor, Wage and Hour Bureau
Verification of Work Authorization Act (E-Verify)AI-compiledN.C. Gen. Stat. ch. 64, art. 2 (§ 64-25 et seq.)Any person, business entity or organisation transacting business in North Carolina that employs 25 or more employees in the state; workers employed for less than nine months in a calendar year do not countCertify
Certification
Enrol in the federal E-Verify system, verify the work authorisation of every newly hired employee through it, and keep the E-Verify record of verification for the duration of employment and at least one year after, ready to produce for a Wage and Hour Bureau complaint investigation. Existing employees hired before the effective date do not have to be re-verified.
25+ employees
N.C. Department of Labor, Wage and Hour Bureau
Controlled Substance Examination Regulation Act (workplace drug testing)AI-compiledN.C. Gen. Stat. ch. 95, art. 20; 13 NCAC 20Any employer that screens or tests employees or job applicants for controlled substancesWrite
Written policy
Follow the statutory testing procedure: use an approved laboratory, give the examinee the chance to retest a confirmed positive sample at an approved lab, notify the examinee in writing of a positive result and of the right to retest, and keep the sample and chain-of-custody records. Employers document this as a written drug testing policy and use the NCDOL controlled substance forms.
From the first employee
N.C. Department of Labor, Wage and Hour Bureau
Youth employment rules and youth employment certificatesAI-compiledN.C. Gen. Stat. ch. 95, art. 2A (Wage and Hour Act, youth employment provisions); 13 NCAC 12Non-farm employers hiring workers aged 14 to 17File + ack
Filing / record
Obtain and keep on file a youth employment certificate for each minor before the minor starts work, keep the certificate with the minor's payroll records, observe North Carolina's hour and break limits on top of the federal standards, and keep minors out of the seventeen hazardous occupations. Employers wanting a minor to work in a restricted trade must use the supervised practice work-based experience agreement signed by the youth, parent, school and employer.
From the first employee
N.C. Department of Labor, Wage and Hour Bureau

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Sources

NC Department of Justice - Protect Your Business from ID TheftNC Department of Justice - Report a Security BreachNC General Assembly - G.S. 75-65NC General Assembly - G.S. 75-64NC Department of Labor - Occupational Safety and HealthOSHA - North Carolina State PlanNC Department of Labor - Workplace Labor Law PostersNC Department of Labor - All State and Federal Workplace PostersNC Department of Labor - Employer ResponsibilitiesNC Department of Labor - Promised Wages Including Wage BenefitsNC Department of Labor - Changes or Reduction in WagesNC Department of Labor - Employee Rights Regarding Time Worked and Wages EarnedNC Department of Labor - E-Verify Frequently Asked QuestionsNC Department of Labor - E-VerifyNC Department of Labor - Drug TestingNC Department of Labor - Workplace RightsNC Department of Labor - Youth Employment RulesNC Industrial Commission - EmployersNC Industrial Commission - Form 17 workplace posterNC Industrial Commission - Industrial Commission FormsNC Secretary of State - Business RegistrationNC Secretary of State - Business Annual ReportNC DHHS Division of Public Health - Environmental HealthNC DHHS Environmental Health - Rules Governing Food Protection and Sanitation of Food Establishments (15A NCAC 18A .2600) (PDF)NC DHHS Environmental Health - Certified Food Protection Manager Requirement (PDF)NC Licensing Board for General ContractorsNC Licensing Board for General Contractors - Classifications and limitationsNC Licensing Board for General Contractors - Laws and Regulations

About this data

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