North Carolina wage claims: how to get your unpaid pay

The minimum wage in North Carolina is $7.25 an hour, and a final paycheck is due by the next payday. If you were not paid, file a free wage claim with the North Carolina Department of Labor.

Checked against official sources: Oct 23, 2026

$7.25minimum wage in 2026

$2.13tipped cash wage

Nodaily overtime

Next paydayfinal pay if fired

Next paydayfinal pay if you quit

1 yeartime limit to file (see details)

Get your letter ↓

Where to file in North Carolina

Wage claims in North Carolina go to this state office. Filing is usually free.

Office: North Carolina Department of Labor (NCDOL), Wage and Hour Bureau
Phone: 800-625-2267
Languages: Spanish phone line: call 1-800-NC-LABOR and press 2; worker rights FAQ in Spanish (Derechos al Trabajador)
Claim limit: NCDOL does not take wage complaints for less than $50; no maximum is stated (NCDOL How to File page).

File online Official wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in North Carolina

Gather your records
Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.
Ask in writing first (optional)
A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.
File with North Carolina Department of Labor
File online with the NCDOL Wage and Hour Bureau for unpaid wages (not overtime), a missing final paycheck, promised vacation pay, unauthorized deductions, pay cuts without notice, or missing pay stub information. NCDOL sends minimum wage, overtime, tip and government-employer complaints to the US Department of Labor (866-487-9243). You need your own name and contact information (no third-party complaints), your employer's street address, your pay rate and the amount owed. Filing is free. You can also go straight to court, but NCDOL will not investigate a claim you have already filed in court.
Watch the deadline
NCDOL will not accept complaints for wages due more than one year ago (NCDOL How to File page). To sue in court: 2 years (N.C.G.S. § 95-25.22(f)).

Minimum wage and overtime in North Carolina

North Carolina's minimum wage is $7.25 an hour, the same as the federal rate. State law follows the federal rate if it goes higher (N.C.G.S. § 95-25.3). Farm workers and domestic workers are covered by the federal minimum wage instead of the state law. No increase is scheduled.

Minimum wage (2026): $7.25
Tipped cash wage: $2.13

Overtime

You get 1.5 times your regular pay for hours over 40 in a workweek (N.C.G.S. § 95-25.4). North Carolina has no daily overtime. The state overtime and minimum wage rules do not cover most workers whose employers are covered by the federal FLSA. Those workers are protected by federal law and file with the US DOL (N.C.G.S. § 95-25.14; NCDOL How to File page).

Paydays: Your employer must pay all wages and tips on the regular payday. Pay periods may be daily, weekly, every two weeks, twice a month or monthly (N.C.G.S. § 95-25.6).

Your final paycheck in North Carolina

If you are fired or laid off: By the next regular payday, through normal pay channels, or by trackable mail if you ask in writing. Bonuses and commissions are due on the first payday after the amount can be calculated.
If you quit: Same rule: by the next regular payday.
Law: N.C.G.S. § 95-25.7

When was your final paycheck due in North Carolina?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Penalties your employer may owe

In court, the employer owes your unpaid wages plus interest from the date each amount was due, plus liquidated damages equal to the unpaid amount. The court may lower the damages if the employer shows good faith. The court may also order the employer to pay your attorney's fees and costs (N.C.G.S. § 95-25.22).

Retaliation and immigration status

Your employer may not retaliate against you for filing a wage complaint, testifying, or using your rights under the Wage and Hour Act (Retaliatory Employment Discrimination Act, N.C.G.S. § 95-241). You must file a written retaliation complaint with NCDOL within 180 days (§ 95-242). You can sue only after NCDOL gives you a right-to-sue letter, and then within 90 days. For a willful violation, the court must triple the lost wages (§ 95-243).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may deduct only what the law requires (like taxes) or what you agreed to in writing in advance, with the reason and amount stated. Deductions for cash shortages or damaged property also need 7 days' written notice. Deductions that benefit the employer may not drop you below minimum wage or cut into overtime pay (N.C.G.S. § 95-25.8; NCDOL Deductions page). To pay $2.13 an hour plus tips, the employer must tell you in advance, let you keep all your tips, and keep tip records (NCDOL Minimum Wage page).

Good to know in North Carolina

You must get written notice at least one pay period in advance before your pay rate is cut (NCDOL Deductions from Wages page).
Promised vacation pay can't be forfeited at separation unless your employer told you about that policy in advance (N.C.G.S. § 95-25.7; § 95-25.13).
If you accept a back-pay payment supervised by NCDOL, you give up your right to sue for those wages (N.C.G.S. § 95-25.22(e)).

Forms

NCDOL Online Wage Complaint

Wage-theft calculator for North Carolina

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

How were you paid?

Your hourly rate ($)

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Hours worked per week

Number of weeks you worked like this

Total you were actually paid for those weeks ($)

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

North Carolina overtime rule: You get 1.5 times your regular pay for hours over 40 in a workweek (N.C.G.S. § 95-25.4). North Carolina has no daily overtime. The state overtime and minimum wage rules do not cover most workers whose employers are covered by the federal FLSA. Those workers are protected by federal law and file with the US DOL (N.C.G.S. § 95-25.14; NCDOL How to File page).

Penalties your employer may also owe in North Carolina: In court, the employer owes your unpaid wages plus interest from the date each amount was due, plus liquidated damages equal to the unpaid amount. The court may lower the damages if the employer shows good faith. The court may also order the employer to pay your attorney's fees and costs (N.C.G.S. § 95-25.22).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and North Carolina’s rules, not legal advice.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, download the letter, sign it, keep a copy and mail it.

Your full name (required)

Where should they send your money? (your mailing address) (required)

Phone

Employer’s business name (required)

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Employer’s address (required to mail it)

How will you send it?

Your job

First day you worked there

Last day you worked there (leave empty if you still work there)

Your pay rate ($, optional)

Per

Amount you are owed ($) (required)

Not sure? The wage-theft calculator has a button that puts the amount here.

Days the employer has to pay

We suggest 10 days.

What happened (optional)

One or two sentences with dates, hours and amounts.

Other formats

Mail it by certified mail with return receipt (ask at any post office) and keep the receipt: it proves when your employer got the letter.

Questions about wage claims in North Carolina

Where do I file a wage claim in North Carolina?

With North Carolina Department of Labor (NCDOL), Wage and Hour Bureau. Phone: 800-625-2267. File online with the NCDOL Wage and Hour Bureau for unpaid wages (not overtime), a missing final paycheck, promised vacation pay, unauthorized deductions, pay cuts without notice, or missing pay stub information. NCDOL sends minimum wage, overtime, tip and government-employer complaints to the US Department of Labor (866-487-9243). You need your own name and contact information (no third-party complaints), your employer's street address, your pay rate and the amount owed. Filing is free. You can also go straight to court, but NCDOL will not investigate a claim you have already filed in court.

What is the minimum wage in North Carolina in 2026?

Does North Carolina have daily overtime?

When is my final paycheck due in North Carolina if I'm fired?

By the next regular payday, through normal pay channels, or by trackable mail if you ask in writing. Bonuses and commissions are due on the first payday after the amount can be calculated.

When is my final paycheck due in North Carolina if I quit?

Same rule: by the next regular payday.

How long do I have to file a wage claim in North Carolina?

NCDOL will not accept complaints for wages due more than one year ago (NCDOL How to File page). To sue in court: 2 years (N.C.G.S. § 95-25.22(f)).

What can my employer owe besides my wages in North Carolina?

Can my employer fire me for filing a wage claim in North Carolina?

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in North Carolina

Sources

Last checked: Oct 2026.