Quick Answer
Understand North Carolina minimum wage laws. Learn about current rates, tipped employee wages, exemptions, and how to file complaints for wage violations.
Quick Answer: North Carolina's minimum wage is $7.25 per hour—the same as the federal minimum wage. North Carolina has not enacted a state minimum wage higher than the federal floor. Tipped employees can be paid $2.13 per hour if tips bring total earnings to at least $7.25. File wage complaints with the NC Department of Labor or federal DOL.
North Carolina follows federal minimum wage standards.
North Carolina Minimum Wage Rate
Current Rate
2026 Minimum Wage:
- $7.25 per hour
- Same as federal minimum
- No scheduled increases
- Follows federal FLSA
Historical Context
North Carolina has:
- Never exceeded federal minimum
- No state-mandated increases pending
- Relies entirely on federal law
No Local Minimum Wages
Unlike some states:
- North Carolina prohibits local minimum wage laws
- Cities cannot set higher minimums
- State preemption applies
- Uniform rate statewide
Tipped Employees
Tip Credit
Employers can pay:
- $2.13 per hour cash wage
- If tips bring total to $7.25+
- Must inform employee of tip credit
- Employee must retain all tips
Tip Credit Requirements
Employer must:
- Inform employee of tip credit provisions
- Allow employee to keep all tips
- Ensure total equals at least $7.25/hour
- Make up difference if tips fall short
When Tip Credit Doesn't Apply
Full minimum wage required if:
- Employee not informed of tip credit
- Tips don't bring total to minimum
- Employee performs non-tipped work over 20% of time
Tip Pooling
Rules:
- Can require tip pooling among tipped employees
- Cannot include managers or supervisors
- Cannot include back-of-house (if taking tip credit)
Who's Covered
FLSA Coverage
Federal minimum wage applies to:
- Employees of enterprises with $500,000+ annual revenue
- Employees engaged in interstate commerce
- Hospitals, schools, government agencies
- Most private sector workers
NC Wage and Hour Act
State law covers:
- Employers with 1+ employees
- Incorporates federal FLSA standards
- Enforced by NC Department of Labor
Exemptions
Common Exemptions
May not be entitled to minimum wage:
- Executive, administrative, professional employees (salaried)
- Outside salespeople
- Some agricultural workers
- Some seasonal amusement workers
- Certain student workers
Youth Minimum Wage
Under federal law:
- Workers under 20: $4.25/hour for first 90 days
- Full-time students: 85% of minimum wage (limited hours)
- Student learners: subminimum with certification
Tipped Employee Exemption
Different rate:
- $2.13 cash wage allowed
- Tips must bring to $7.25 total
- Specific requirements apply
Calculating Minimum Wage Compliance
Regular Employees
Simple calculation:
- Hours worked × $7.25 = minimum owed
- Compare to actual pay
- Shortage = violation
Tipped Employees
Weekly calculation:
- Cash wages paid
- Plus tips received
- Divided by hours worked
- Must equal at least $7.25/hour
Example
Tipped employee:
- Works 40 hours
- Paid $2.13/hour = $85.20
- Receives $200 in tips
- Total: $285.20 ÷ 40 = $7.13/hour
- Employer must pay additional $4.80
Overtime and Minimum Wage
Overtime Rate
For non-exempt employees:
- 1.5× regular rate after 40 hours
- Minimum overtime: $10.88/hour
- Based on $7.25 × 1.5
Regular Rate Calculation
Includes:
- Hourly wage
- Non-discretionary bonuses
- Commissions (prorated)
- Other regular compensation
Find Out If You Have a Case
Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.
Filing a Wage Complaint
NC Department of Labor
For state claims:
- Wage and Hour Bureau
- Phone: 1-800-625-2267
- Website: labor.nc.gov
Federal DOL
For FLSA claims:
- Wage and Hour Division
- Phone: 1-866-487-9243
- Website: dol.gov/agencies/whd
What to Include
In your complaint:
- Your information
- Employer information
- Hours worked
- Wages paid
- Pay period dates
- Supporting documentation
Penalties for Violations
Federal Penalties
FLSA violations:
- Back wages owed
- Liquidated damages (equal to back wages)
- Civil penalties up to $2,374 per violation
- Criminal penalties for willful violations
State Enforcement
NC Department of Labor can:
- Investigate complaints
- Order payment of wages
- Assess penalties
- Refer for prosecution
Common Violations
Paying Below Minimum
Violations include:
- Paying less than $7.25/hour
- Improper tip credit
- Illegal deductions below minimum
- Misclassifying employees as exempt
Tip Credit Violations
Common issues:
- Not informing employees of tip credit
- Requiring tip sharing with management
- Not making up shortfall
- Excessive non-tipped work
Off-the-Clock Work
Unpaid work issues:
- Pre-shift preparation
- Post-shift cleanup
- Required training
- Work during breaks
Common Scenarios
Scenario 1: Below Federal Minimum
Situation: You're paid $6.50/hour as a retail worker.
Analysis: Clear FLSA violation. File complaint with NC DOL or federal DOL. Entitled to back wages plus liquidated damages.
Scenario 2: Tip Credit Not Explained
Situation: Employer pays $2.13/hour but never explained tip credit.
Analysis: Tip credit invalid if employee not informed. May be entitled to full minimum wage for all hours.
Scenario 3: Deductions Below Minimum
Situation: Uniform costs deducted from paycheck, bringing hourly rate below $7.25.
Analysis: Deductions cannot reduce pay below minimum wage. Violation of FLSA.
Scenario 4: Unpaid Training
Situation: Required to attend 10 hours of unpaid training.
Analysis: If training is mandatory and job-related, time must be paid at minimum wage.
Frequently Asked Questions
What is minimum wage in North Carolina?
$7.25 per hour—the federal minimum. North Carolina has no state minimum wage above the federal floor.
Can cities in NC set higher minimum wages?
No. North Carolina prohibits local minimum wage ordinances. The rate is uniform statewide.
What is minimum wage for tipped employees?
$2.13 per hour cash wage, but tips must bring total earnings to at least $7.25/hour. Employer must make up any shortfall.
Are there any scheduled increases?
No. North Carolina follows federal minimum wage. Any increases would require federal legislation.
Can my employer deduct from my pay?
Yes, but deductions cannot reduce your effective hourly rate below $7.25. Certain deductions are also prohibited without authorization.
Where do I file a wage complaint?
NC Department of Labor (1-800-625-2267) or federal DOL Wage and Hour Division (1-866-487-9243).
Related Topics
- North Carolina Wages and Hours
- North Carolina Overtime Laws
- North Carolina Unpaid Wages
- North Carolina Employment Law Hub
Take Action
If you're being paid below minimum wage:
- Document your hours and pay
- Calculate if you're receiving at least $7.25/hour
- Check if tip credit requirements were followed
- Note any illegal deductions
- File complaint with NC DOL or federal DOL
- Consider consulting an employment attorney
Every worker deserves at least minimum wage for every hour worked.
Legal Disclaimer
This article provides general information about minimum wage in North Carolina and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed North Carolina employment attorney.
For official information:
- NC Department of Labor: https://www.labor.nc.gov | 1-800-625-2267
- U.S. Department of Labor: https://www.dol.gov/agencies/whd | 1-866-487-9243
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Read moreFrequently Asked Questions
What is current Rate?
What is historical Context?
What is no Local Minimum Wages?
What is tip Credit?
What is tip Credit Requirements?
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