North Carolina Administrative Code
Title 13 - LABOR
Chapter 12 - WAGE AND HOUR
Section .0700 - CIVIL MONEY PENALTIES
Section 12 .0702 - CIVIL PENALTY ASSESSMENT

Universal Citation: 13 NC Admin Code 12 .0702

Current through Register Vol. 39, No. 6, September 16, 2024

(a) If the Commissioner finds that an employer has violated any of the provisions of G.S. 95-25.5, G.S. 95-25.15(b) or these Rules, the Commissioner may assess a civil penalty for each violation.

(b) The maximum amount of a civil penalty will be based on the nature and the gravity of the violation or violations. Matters which are indications of the gravity of a violation include, but are not limited to:

(1) the likelihood of injury and the seriousness of the potential injuries to which a youth has been exposed;

(2) multiple violations by a business or employer;

(3) recurring violations;

(4) employment of any youth in a hazardous or detrimental occupation without a waiver from the Commissioner;

(5) violations involving youths under fourteen years of age.

(c) The Commissioner shall assess a penalty of:

(1) two hundred fifty dollars ($250.00) if a youth employment certificate would not have been issued because the employment was for a hazardous or detrimental occupation.

(2) one hundred twenty-five dollars ($125.00) if the certificate would not have been issued, but the employment was non-hazardous or non-detrimental.

(3) fifty dollars ($50.00) if a certificate would have been issued but the employer did not have or maintain the certificate.

(d) Reductions in the penalty amount may be made based on the size of a business (number of employees and gross volume) and its past record of compliance with the Wage and Hour Act.

Authority G.S. 95-25.17; 95-25.19; 95-25.23; 95-25.23A;
Eff. November 1, 1980;
Amended Eff. April 1, 1999; February 1, 1982;
Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.

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