North Carolina General Statutes 95-25.23A. Violation of record-keeping requirement; civil penalty
(a) Any employer who violates the provisions of N.C. Gen. Stat. § 95-25.15(b) or any regulation issued pursuant to N.C. Gen. Stat. § 95-25.15(b), shall be subject to a civil penalty of up to two hundred fifty dollars ($250.00) per employee with the maximum not to exceed two thousand dollars ($2,000) per violation by the Commissioner or the Commissioner’s authorized representative. In determining the amount of the penalty, the Commissioner shall consider each of the following:
(1) The appropriateness of the penalty for the size of the business of the employer charged.
Terms Used In North Carolina General Statutes 95-25.23A
- Commissioner: means the Commissioner of Labor. See North Carolina General Statutes 95-25.2
- Employee: includes any individual employed by an employer. See North Carolina General Statutes 95-25.2
- Employer: includes any person acting directly or indirectly in the interest of an employer in relation to an employee. See North Carolina General Statutes 95-25.2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Person: means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. See North Carolina General Statutes 95-25.2
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) The gravity of the violation.
(3) Whether the violation involves an employee under 18 years of age.
The determination by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final determination of the penalty shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B and in a judicial proceeding pursuant to Article 4 of Chapter 150B.
(b) The amount of the penalty when finally determined may be recovered in the manner set forth in N.C. Gen. Stat. § 95-25.23B.
(c) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with N.C. Gen. Stat. § 115C-457.2
(d) Assessment of penalties under this section shall be subject to a two-year statute of limitations commencing at the time of the occurrence of the violation. (1989, c. 687, s. 5; 1993, c. 225, s. 2; 1998-215, s. 108; 2003-308, s. 2; 2007-231, s. 5; 2009-351, s. 3; 2021-82, s. 8.)