Terms Used In North Carolina General Statutes > Chapter 95 > Article 2A - Wage and Hour Act

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agriculture: includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations. See North Carolina General Statutes 95-25.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Commissioner: means the Commissioner of Labor. See North Carolina General Statutes 95-25.2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Employ: means to suffer or permit to work. 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
• Enterprise: means the related activities performed either through unified operations or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more establishments or by one or more corporate units but shall not include the related activities performed for such enterprise by an independent contractor or franchisee. See North Carolina General Statutes 95-25.2
• Establishment: means a physical location where business is conducted. See North Carolina General Statutes 95-25.2
• Fair Labor Standards Act: means the Fair Labor Standards Act of 1938, as amended and as the same may be amended from time to time by the United States Congress. 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
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hours worked: includes all time an employee is employed. See North Carolina General Statutes 95-25.2
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payday: means that day designated for payment of wages due by virtue of the employment relationship. See North Carolina General Statutes 95-25.2
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Seasonal food service establishment: means a restaurant, food and drink stand or other establishment generally recognized as a commercial food service establishment, preparing and serving food to the public but operating 180 days or less per year. See North Carolina General Statutes 95-25.2
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Tip: shall mean any money or part thereof over and above the actual amount due a business for goods, food, drink, services or articles sold which is paid in cash or by credit card, or is given to or left for an employee by a patron or patrons of the business where the employee is employed. See North Carolina General Statutes 95-25.2
• Tipped employee: means any employee who customarily receives more than twenty dollars ($20. See North Carolina General Statutes 95-25.2
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• wage: includes sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised when the employer has a policy or a practice of making such payments. See North Carolina General Statutes 95-25.2
• Workweek: means any period of 168 consecutive hours. See North Carolina General Statutes 95-25.2