North Carolina - Workers’ Rights

Definition of agricultural worker under state law:

Under the state’s Wage and Hour Act, “‘[a]griculture’ includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations.” (N.C. Gen. Stat. § 95-25.2)

Wages and Overtime

Minimum Wage

Minimum Wage:

• There is a state minimum wage law. (N.C. Gen. Stat. § 95-25.3)
• The minimum wage is at least $6.15 or the FLSA wage, whichever is higher. (N.C. Gen. Stat. § 95-25.3(a)) Current federal minimum wage is $7.25/hr.
• There are multiple wage rates for different occupations. Tipped employees have a different minimum wage. (N.C. Gen. Stat. § 95-25.3(f))
• Agricultural workers are not covered by the state minimum wage (N.C. Gen. Stat. § 95-25.14)

Overtime

• There is a state law regarding overtime pay, requiring compensation at one and a half times the regular rate of pay for hours worked in excess of 40 per week. (N.C. Gen. Stat. § 95-25.4)
• Agricultural workers are excluded from the state overtime law. (N.C. Gen. Stat. § 95-25.14(a)(2))

State Enforcement Agency

NC Department of Labor, Wage & Hour Bureau

Website: https://www.labor.nc.gov/workplace-rights

NC Department of Labor, Retaliatory Employment Discrimination Bureau

Website: https://www.labor.nc.gov/workplace-rights/retaliatory-employment-discrimination

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. The law’s provisions do not apply to farm laborers when fewer than 10 full-time non-seasonal farm laborers are regularly employed by the same employer, unless employer opts to purchase workers’ compensation insurance. (N.C. Gen. Stat. § 97-13(b)) The law’s provisions do not apply to sellers of agricultural products for producers on commission or compensation, paid by producers, provided product is prepared for sale by producer. (N.C. Gen. Stat. § 97-13(d))

State Enforcement Agency:

North Carolina Industrial Commission

Website: http://www.ic.nc.gov/claimants.html

Relevant Forms: http://www.ic.nc.gov/forms.html#claims

Field Sanitation

• There is a state law regarding field sanitation, which imposes the federal OSHA requirements. (13 N.C. Admin. Code 7F.0301, 7F.0302) Federal OSHA requirements are adopted and enforced by the state OSH agency.

State Enforcement Agency:

North Carolina Department of Labor, Occupational Safety and Health, Agricultural Safety and Health Bureau

Website: https://www.labor.nc.gov/safety-and-health/agricultural-safety-and-health

Pesticide Safety

• There are state laws related to the general registration and application of pesticides. (N.C. Gen. Stat. § 143-434 –143-470.1; 2 N.C. Admin. Code 9L.0101, et seq.)
• It is unlawful for any person to use any pesticide in a manner inconsistent with its labeling. (N.C. Gen. Stat. § 143-443(b)(3))
• Suspected pesticide poisoning is a reportable illness for health care providers. (N.C. 10A NC Admin. Code 41F .0101 – .0103) Physicians (including physician assistants and nurse practitioners) are required to report within 48 hours of diagnosis.

State Enforcement Agency:

North Carolina Agriculture & Consumer Services, Pesticide Section

Website: http://www.ncagr.gov/SPCAP/pesticides/

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining.
• North Carolina is a “right to work” state (N.C. Gen. Stat. § 95-78), meaning that union membership and dues payments may not be made compulsory. It is also against the law for an employer to require employees to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continued employment. (N.C. Gen Stat. § 95-81)
• There is no state statute that creates a right of agricultural workers and their unions to engage in collective bargaining with agricultural employers. In fact, the North Carolina Farm Act of 2017 bars farmworker unions from entering into agreements with employers to have union dues transferred from paychecks. The law also prohibits agricultural producers from signing any agreement with a union relating to a lawsuit, such as a settlement in which an employer agrees to recognize a union, or a collective bargaining agreement that includes a promise not to sue. (N.C. Gen. Stat. § 95-79(b)
• Note: The law was temporarily enjoined on September 20, 2018 and its fate remains the subject of a pending lawsuit in the Middle District of North Carolina. (Farm Labor Organizing Committee, et al. v. Joshua Stein, 1:17-cv-01037, 2018 WL 4518696 (Sept. 20, 2018 M.D.N.C.)) See https://www.splcenter.org/seeking-justice/case-docket/farm-labor-organizing-committee-floc-et-al-v-north-carolina for more details.

State Legal Services Organizations

Legal Aid of North Carolina – Farmworker Unit

http://www.farmworkerlanc.org

North Carolina Justice Center

http://www.ncjustice.org

Southern Poverty Law Center- Immigrant Justice Project

http://www.splcenter.org