Use this unpaid wages guide to build a clear demand letter for Raleigh.
Recovering Unpaid Wages in Raleigh: A Complete Guide for North Carolina Workers
When your employer fails to pay wages you've earned, you're not just losing money - you're being denied the fundamental right to compensation for your labor. Whether you're a Raleigh worker dealing with unpaid overtime, an employer who refuses to pay your final paycheck, minimum wage violations, or unlawful deductions from your pay, both North Carolina and federal law provide protections and remedies to help you recover what you're owed.
Raleigh's dynamic economy spans technology, healthcare, government, education, and service industries, employing workers across a wide range of positions and pay levels. The Research Triangle's growth has brought diverse employers to the area, from multinational corporations with sophisticated HR departments to small startups that may be less familiar with wage and hour compliance requirements. Regardless of your employer's size or sophistication, you have the right to be paid for all hours worked at the legally required rate.
A well-crafted demand letter is often an effective first step in recovering unpaid wages. Many wage disputes result from employer error or oversight rather than intentional theft, and a formal written demand clearly stating the amounts owed and applicable law often prompts quick resolution. This guide will teach you how to calculate what you're owed, cite the correct North Carolina and federal wage laws, write an effective demand letter, and pursue your claim through administrative agencies or Wake County courts if necessary.
North Carolina's Wage and Hour Act, found at N.C. Gen. Stat. 95-25.1 through 95-25.25, works alongside the federal Fair Labor Standards Act to establish minimum wage requirements, overtime rules, and protections for workers. These laws provide for recovery of unpaid wages plus liquidated damages when employers willfully violate wage requirements. Understanding this legal framework empowers you to assert your rights effectively.
This comprehensive resource covers every aspect of wage claims in Raleigh, from understanding which laws apply to your situation to navigating the North Carolina Department of Labor complaint process and Wake County court system. Whether you're owed hundreds or thousands of dollars in unpaid wages, the strategies outlined here will help you pursue the compensation you deserve.
Wage and Hour Laws Protecting Raleigh Workers: NC and Federal Protections
Workers in Raleigh are protected by overlapping state and federal wage and hour laws. Understanding this legal framework helps you identify which laws apply to your situation and what remedies are available.
North Carolina Wage and Hour Act
The North Carolina Wage and Hour Act (NCWHA), codified at N.C. Gen. Stat. 95-25.1 through 95-25.25, establishes state-level wage protections. N.C. Gen. Stat. 95-25.3 requires employers to pay employees the current minimum wage for all hours worked. As of 2024, North Carolina's minimum wage follows the federal minimum wage of $7.25 per hour, though some local employers pay higher wages to attract workers in the competitive Triangle labor market.
N.C. Gen. Stat. 95-25.4 requires employers to pay overtime at one and one-half times the regular rate for hours worked over 40 in a workweek, unless the employee is exempt under federal or state law. This tracks the federal overtime requirement under the Fair Labor Standards Act.
N.C. Gen. Stat. 95-25.6 through 95-25.8 govern payment of wages, including requirements that employers pay employees on regular paydays, provide itemized wage statements, and pay all wages due upon termination. Under N.C. Gen. Stat. 95-25.7, employers must pay final wages through the regular pay channels or by mail if the employee requests.
N.C. Gen. Stat. 95-25.8 restricts deductions from wages, permitting only deductions required by law (taxes, garnishments), authorized in writing by the employee, or permitted by specific regulations. Employers cannot make deductions that bring wages below minimum wage.
Fair Labor Standards Act (FLSA)
The federal Fair Labor Standards Act, 29 U.S.C. 201-219, provides additional protections that apply to most Raleigh workers. The FLSA establishes the federal minimum wage, requires overtime pay at 1.5 times the regular rate for non-exempt employees working over 40 hours per week, and prohibits child labor violations.
The FLSA applies to employees of enterprises with annual gross sales of at least $500,000 or engaged in interstate commerce. Given Raleigh's position in the national economy, most local employers are covered. Even employees of smaller businesses may be individually covered if their work involves interstate commerce.
Exemptions from Overtime
Not all employees are entitled to overtime. Both FLSA and NC law recognize exemptions for certain executive, administrative, professional, outside sales, and computer employees who meet specific salary and duties tests. To be exempt, employees generally must be paid on a salary basis at or above a minimum threshold (currently $684/week under federal law, though this may increase) and perform duties that meet the exemption criteria. Employers sometimes misclassify employees as exempt to avoid overtime obligations, which is a common basis for wage claims.
Misclassification Issues
Employers sometimes misclassify workers as independent contractors rather than employees to avoid wage and hour obligations. True independent contractors are not covered by minimum wage and overtime laws, but misclassified employees retain their rights. Courts look at the actual working relationship, not just what the employer calls it. Factors include the degree of control the employer exercises, whether the worker provides their own equipment, and whether the worker can profit or lose money from the arrangement.
Liquidated Damages and Penalties
Both NC and federal law provide for additional damages when employers violate wage requirements. Under N.C. Gen. Stat. 95-25.22, employees can recover unpaid wages plus additional damages, including liquidated damages equal to the unpaid wages if the violation was willful. Under the FLSA, employees can also recover liquidated damages equal to the amount of unpaid wages unless the employer proves good faith. This effectively doubles recovery in many cases.
Statute of Limitations
The statute of limitations for NC wage claims is two years from when wages were due, extended to three years for willful violations under N.C. Gen. Stat. 95-25.22. FLSA claims have similar two-year and three-year limitations. Pursue claims promptly to avoid losing the ability to recover older unpaid wages.
North Carolina Department of Labor
The NC Department of Labor enforces the Wage and Hour Act. Workers can file complaints with the DOL's Wage and Hour Bureau, which investigates and may order employers to pay back wages. This administrative remedy is often faster than court action and doesn't require an attorney.
U.S. Department of Labor
For FLSA violations, workers can file complaints with the federal Wage and Hour Division. Federal investigators have authority to assess penalties and order back pay. Alternatively, workers can file private lawsuits under the FLSA, which allows for attorney's fees in addition to unpaid wages and liquidated damages.
Writing an Effective Unpaid Wages Demand Letter in Raleigh
A well-crafted demand letter often resolves wage disputes quickly. Many employers prefer settling to facing government investigations or lawsuits. Follow these steps to create an effective demand for unpaid wages.
Before writing your letter, determine precisely how much the employer owes you. Review your pay stubs, time records, and any other documentation of hours worked and wages received. Calculate unpaid regular wages by multiplying unpaid hours by your regular hourly rate. For unpaid overtime, multiply overtime hours (over 40 per week) by 1.5 times your regular rate. Add any unlawful deductions that should be returned. Be precise about the pay periods and amounts in question.
Compile all documents related to your employment and the wage dispute. This includes your employment offer letter or contract, pay stubs showing wages actually paid, time records, clock-in data, or schedules showing hours worked, any written communications about wages or hours, your employee handbook or wage policies, and any documentation of unlawful deductions. If you don't have copies of some documents, note what records the employer should have.
Address your demand to the appropriate person or entity. For small businesses, address the owner or manager by name. For larger companies, address HR or payroll departments. For corporations, consider sending to the registered agent as well as the office where you worked. Use the NC Secretary of State database to find registered agent information for corporate employers.
Use a business letter format with your contact information, the date, and the employer's full name and address. Include a clear subject line such as "Demand for Unpaid Wages - [Your Name] - [Employment Period]." Professional formatting signals you are serious about your rights.
Begin by identifying yourself and your employment. State your job title, dates of employment, agreed wage rate, and normal work schedule. Establish that you were an employee (not an independent contractor) and that the employer is subject to wage and hour laws.
Clearly explain how the employer failed to pay required wages. Be specific: state which pay periods are at issue, what wages were due versus what was paid, how you calculated the shortfall, and whether the violation is ongoing. For overtime claims, specify which weeks you worked over 40 hours and how much overtime pay was owed. For minimum wage claims, show how your effective hourly rate fell below the minimum.
Reference the specific statutes that support your claim. For NC wage claims, cite N.C. Gen. Stat. 95-25.3 (minimum wage), 95-25.4 (overtime), or other relevant sections. For federal claims, cite the Fair Labor Standards Act, 29 U.S.C. 207 (overtime). Mention that violations may entitle you to liquidated damages that double the unpaid wages under N.C. Gen. Stat. 95-25.22 and 29 U.S.C. 216.
State the exact amount you are demanding. Break it down by category: unpaid regular wages, unpaid overtime, unlawful deductions to be returned. Note that you reserve the right to pursue liquidated damages if the matter proceeds to litigation. State how you want payment (check, direct deposit, etc.).
Provide a reasonable deadline for response and payment. Two to three weeks (14-21 days) is typically reasonable for wage demands. Specify the exact date by which you expect resolution.
Inform the employer of what you will do if they don't respond. Options include filing a complaint with the NC Department of Labor Wage and Hour Bureau, filing a complaint with the federal Wage and Hour Division, and filing suit in Wake County courts. Note that you may seek liquidated damages, attorney's fees, and costs in addition to unpaid wages.
End by stating you prefer to resolve this matter amicably but reserve all legal rights. Note that you expect a prompt written response. Sign and date the letter.
Send via USPS Certified Mail with Return Receipt Requested. Also send by email to any known work email addresses. Keep copies of everything sent and all delivery confirmation.
Building Your Case: Essential Evidence for Unpaid Wage Claims
Strong documentation supports your wage claim whether you're writing a demand letter, filing with a government agency, or going to court. Gather and preserve the following evidence.
Time Records and Schedules
Your records of hours worked are crucial for proving what you're owed. Keep copies of time sheets, clock-in records, or punch cards showing your actual hours. Save work schedules that show expected hours. If you tracked your own hours (even informally), those records are valuable. Save calendar entries, notes, or apps that recorded your work time. If the employer had a time tracking system, note what it was and request copies of your records.
Pay Stubs and Wage Statements
Pay stubs document what the employer actually paid. Keep all pay stubs from the relevant period. These show gross wages, deductions, net pay, and usually the pay period dates. Compare pay stubs to time records to identify discrepancies. If you weren't given pay stubs, this itself may be a violation of N.C. Gen. Stat. 95-25.13.
Employment Documents
Gather all documents establishing your employment terms. This includes offer letters stating your wage rate, employment contracts or agreements, employee handbooks with wage policies, any written notice of wage changes, and documents showing your job duties (relevant for exemption analysis). These documents establish what you were promised and help prove your status as an employee.
Communications About Wages
Save all communications with the employer about wages or hours. This includes emails or texts discussing pay issues, written requests for overtime pay, communications about deductions from your pay, any employer response to wage complaints, and performance reviews mentioning compensation. These may show the employer knew about or acknowledged wage issues.
Calculation of Damages
Create a detailed calculation of what you're owed. For each pay period at issue, show hours worked, wage rate due, wages actually paid, and shortfall. For overtime, calculate the overtime premium separately. Add up all shortfalls to reach your total demand. Keep your calculation methodology clear so it can be verified.
Witness Information
If coworkers have knowledge of wage practices, their testimony can support your claim. Note names and contact information for coworkers who witnessed similar wage violations, who can confirm hours you worked, or who have knowledge of employer policies. Written statements from witnesses strengthen your case.
Employer Information
Document information about the employer that establishes coverage under wage laws. This includes the employer's legal name and address, information about the business size and sales, evidence of interstate commerce activity, and ownership information. This helps establish that the employer is subject to NC and federal wage laws.
Documentation of Retaliation
If the employer has retaliated against you for raising wage concerns, document those actions. Retaliation can include termination, demotion, schedule changes, or other adverse actions following your wage complaints. Both NC and federal law prohibit retaliation for asserting wage rights.
Organization
Create organized files with all evidence arranged chronologically. Make copies and store originals safely. Create an index or summary for easy reference. Back up digital files. This organization helps you present your case clearly to employers, government agencies, or courts.
Critical Deadlines for Unpaid Wage Claims in North Carolina
Understanding deadlines is essential for protecting your right to recover unpaid wages. Missing limitations periods can bar your claims regardless of merit.
Statute of Limitations for NC Wage Claims
Under N.C. Gen. Stat. 95-25.22, the statute of limitations for wage claims under the NC Wage and Hour Act is two years from when the wages were due. For willful violations, the limitations period extends to three years. Each unpaid paycheck starts its own limitations period. If you're owed wages from 2023 through 2025, the 2023 wages may become time-barred before the 2025 wages. Pursue claims promptly to maximize recovery.
FLSA Limitations Period
Federal FLSA claims also have a two-year statute of limitations for non-willful violations and three years for willful violations under 29 U.S.C. 255. The federal limitations period is calculated similarly to the state period, running from when each wage payment was due.
Definition of Willful Violation
A violation is willful if the employer knew or showed reckless disregard for whether its conduct violated the law. Willful violations qualify for the longer three-year limitations period and may support greater liquidated damages. Evidence of willfulness includes employer awareness of legal requirements, previous complaints or citations, ignoring legal advice, and continuing violations after being notified.
Continuing Violations
When wage violations are ongoing, each pay period creates a new claim with its own limitations period. For a continuing underpayment of overtime, you can recover for all pay periods within the lookback period even if the underpayment started years ago. However, you cannot recover for periods beyond the limitations window.
Demand Letter Response Period
Give employers reasonable time to respond to demand letters. Two to three weeks (14-21 days) is typical for wage demands. If the employer responds with a settlement offer, evaluate it carefully. If they deny liability or don't respond, proceed with filing claims.
NC Department of Labor Process
After filing a complaint with the NC DOL Wage and Hour Bureau, investigations typically take 2-6 months depending on complexity. The DOL will contact the employer, investigate, and issue findings. If the DOL finds violations, it can order the employer to pay back wages. Either party can request a hearing to challenge DOL findings.
Federal WHD Process
Federal Wage and Hour Division investigations follow a similar timeline. After filing a complaint, an investigator is assigned, interviews are conducted, and findings are issued. The process typically takes several months. Federal investigators can assess penalties in addition to ordering back pay.
Court Filing Timelines
If you pursue a private lawsuit rather than or in addition to government complaints, file well before limitations deadlines expire. Wake County Small Claims Court handles claims up to $10,000 and typically takes 4-8 weeks from filing to hearing. District Court handles larger claims with longer timelines. Consider consulting an attorney for claims exceeding small claims limits.
Appeals
NC DOL decisions can be appealed to the courts. Court judgments can be appealed within 10 days for small claims (new trial in District Court) or through standard appellate procedures for higher courts. Federal administrative decisions have their own appeal mechanisms.
Timeline Strategy
A typical unpaid wage claim follows this progression: document the violation immediately when wages are unpaid, send demand letter within 2-4 weeks, file DOL complaint if demand produces no result within 30 days, and file court action if administrative remedies are insufficient or approaching limitations. Throughout, continue documenting ongoing violations and preserve evidence.
Avoiding Common Mistakes in Raleigh Unpaid Wage Claims
Many workers undermine their wage claims through avoidable errors. Learning from these common mistakes helps you pursue your claim effectively.
Not Keeping Personal Records of Hours Worked
Many workers rely entirely on employer time records, then find the employer has falsified or deleted records when disputes arise. Keep your own independent records of hours worked, even informal notes in a calendar or phone app. These personal records can be crucial evidence when employer records are unavailable or disputed.
Waiting Too Long to Pursue Claims
The statute of limitations continues running while you delay. Each pay period, older unpaid wages may become unrecoverable. Pursue wage claims promptly. You can always settle or dismiss a claim, but you can't revive one that's time-barred.
Accepting Employer Explanations Without Verification
Some employers offer seemingly reasonable explanations for non-payment that are actually illegal. Being told you're exempt from overtime doesn't make it true. Being told deductions are required may be false. Research the actual law before accepting employer justifications.
Misunderstanding Exempt Status
Not every salaried employee is exempt from overtime. To be exempt, you must meet both a salary threshold and a duties test. Many workers misclassified as exempt are actually entitled to overtime. If you regularly work over 40 hours but receive no overtime, investigate whether your classification is correct.
Not Calculating Overtime Correctly
Overtime is 1.5 times your regular rate, not just 1.5 times minimum wage. Your regular rate includes most compensation, not just base salary. Commissions, non-discretionary bonuses, and other regular compensation increase your overtime rate. Calculate overtime based on your actual regular rate.
Signing Waivers of Wage Rights
Some employers ask employees to sign agreements waiving overtime or accepting below-minimum compensation. These waivers are generally unenforceable. You cannot contract away minimum wage and overtime rights. If you signed such an agreement, you may still have valid claims.
Quitting Before Documenting the Violation
Some workers quit in frustration before gathering evidence of wage violations. Before leaving employment, make copies of time records, pay stubs, and any other documentation you have access to. Once you leave, obtaining these records becomes more difficult.
Not Including All Components of Claims
Some workers seek only the base unpaid wages without pursuing liquidated damages, interest, or attorney's fees they're entitled to. In demand letters and claims, request all available remedies including liquidated damages that may double your recovery.
Filing Claims with the Wrong Agency or Court
NC wage claims go to the NC Department of Labor; federal FLSA claims go to the federal Wage and Hour Division. You may have claims under both. Court claims must be filed in courts with proper jurisdiction. Understand where to file before pursuing formal claims.
Not Considering Retaliation Risks and Protections
Some workers fear retaliation for asserting wage rights. While retaliation concerns are real, both NC and federal law prohibit retaliation for wage complaints. Document any adverse actions after you raise wage issues. Retaliation claims can provide additional damages.
Settling Too Quickly for Too Little
Desperate to receive something, some workers accept initial settlement offers that are far below what they're owed. Evaluate settlement offers against your full calculated damages including liquidated damages. Be willing to negotiate or proceed with claims if offers are inadequate.
Not Seeking Legal Advice for Complex Claims
While many wage claims can be pursued without an attorney, complex issues like exemption analysis, class actions, or high-value claims often benefit from legal expertise. Many employment attorneys offer free consultations and take wage cases on contingency.
Frequently Asked Questions: Unpaid Wages in Raleigh
North Carolina follows the federal minimum wage, which is currently $7.25 per hour. There is no separate state minimum wage higher than the federal level, unlike some other states. Certain categories of workers, such as tipped employees, may have a lower cash minimum wage ($2.13/hour for tipped workers under federal law), but tips must bring total compensation to at least the standard minimum wage. Some municipalities and employers voluntarily pay higher wages, but $7.25 remains the legal minimum floor for most workers.
Most North Carolina workers are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek, under both the Fair Labor Standards Act and N.C. Gen. Stat. 95-25.4. However, certain employees are exempt from overtime requirements, including some executive, administrative, professional, outside sales, and computer employees who meet specific salary and duties tests. Being paid a salary rather than hourly doesn't automatically make you exempt. If you regularly work over 40 hours without overtime pay, consult the specific exemption criteria or an employment attorney.
File a wage complaint with the NC Department of Labor Wage and Hour Bureau online at nc.gov/services/file-wage-complaint, by phone at (919) 707-7970, or by mail to the Wage and Hour Bureau, 1101 Mail Service Center, Raleigh, NC 27699-1101. You'll need to provide your employment information, details of the wage violation, and documentation of hours worked and wages received. The DOL will investigate and may order the employer to pay back wages. There is no fee to file.
No. Both North Carolina law (N.C. Gen. Stat. 95-25.20) and federal law prohibit retaliation against employees for asserting wage rights. Firing, demoting, reducing hours, or taking other adverse actions because you filed a wage complaint or demanded unpaid wages is illegal. If your employer retaliates, document the retaliation and report it to the DOL or consult an employment attorney. You may be entitled to reinstatement and additional damages for retaliation.
You can recover the unpaid wages themselves plus additional damages. Under N.C. Gen. Stat. 95-25.22, if the violation was willful, you may recover liquidated damages equal to the unpaid wages, effectively doubling your recovery. Under the federal FLSA, liquidated damages are also available unless the employer proves good faith. Additionally, you may recover court costs and, in private lawsuits under the FLSA, reasonable attorney's fees. Interest on unpaid wages may also be recoverable.
Under both NC and federal law, the statute of limitations is two years from when wages were due for non-willful violations and three years for willful violations. Each pay period starts its own limitations clock. For example, if you're owed wages from January 2024, those wages may become time-barred by January 2026 (or 2027 for willful violations) even if you have continuing claims for later periods. Pursue claims promptly to maximize recovery.
Yes. You have the right to file wage claims while still employed, and your employer cannot legally retaliate against you for doing so. However, many workers choose to wait until employment ends to avoid workplace tension. If you do file while employed, document your work conditions and any changes after filing. If you experience retaliation, report it immediately. Some workers file claims after leaving employment to preserve workplace relationships during their tenure.
Employer labels don't determine your legal status. Many employers misclassify employees as independent contractors to avoid wage and hour obligations. The law looks at the actual working relationship: does the employer control how and when you work, do you provide your own equipment, can you profit or lose from the arrangement, and other factors. If you're functionally an employee despite being called a contractor, you may still have wage claims. The IRS, DOL, and courts all have tests for distinguishing employees from true independent contractors.
What to Expect: Resolving Unpaid Wage Claims in Raleigh
Understanding realistic expectations helps you make informed decisions throughout your wage dispute. Knowing typical outcomes helps you evaluate settlement offers and decide when to pursue formal claims.
Many wage disputes resolve after demand letters are sent. Employers often prefer settling to facing government investigations or lawsuits that may uncover additional violations. Some wage underpayments result from employer error rather than intentional theft, and once the employer recognizes the issue, they may quickly correct it.
Settlement amounts typically include the unpaid wages themselves, and often some or all of the liquidated damages you'd be entitled to in litigation. Employers may negotiate to pay less than full liquidated damages in exchange for quick resolution. Evaluate whether a settlement offer provides adequate compensation considering the strength of your claim and the costs of pursuing formal action.
The NC Department of Labor investigation process often produces favorable results for workers with documented claims. If the DOL finds violations, it can order the employer to pay back wages. Employers who fail to comply face additional penalties. The DOL process doesn't cost you anything and doesn't require an attorney.
For claims that proceed to court, Wake County Small Claims Court handles wage claims up to $10,000. Workers with strong documentation of hours worked and wages owed often prevail. Courts regularly award unpaid wages plus liquidated damages when employers fail to pay required wages. Filing fees are recoverable if you win.
Timelines vary considerably. Cooperative employers may resolve claims within weeks of receiving demand letters. DOL investigations typically take 2-6 months. Court cases take 2-4 months for small claims, longer for larger claims. Complex cases involving multiple workers or years of violations may take a year or more to fully resolve.
Some factors affect settlement leverage. Employers facing multiple claims from different workers may be more motivated to settle. Documentation of willful violations (employer knew of legal requirements) strengthens claims. Employers with prior wage violations may face enhanced penalties. Large claims may prompt employers to negotiate seriously.
Be prepared for some employers who won't respond to demands. Some small employers lack resources to pay even valid claims. Some employers are judgment-proof or close their businesses. In these cases, even successful claims may not result in payment. Research employer viability before investing significant effort.
For high-value claims or complex issues, consider consulting an employment attorney. Many take wage cases on contingency, meaning you pay nothing unless you recover. Attorneys can pursue claims that may be too large or complex for small claims court, represent you in negotiations, and maximize recovery through skilled litigation.
Raleigh and Wake County Wage Claim Resources
Raleigh workers have access to various resources for assistance with unpaid wage claims. Here are key contacts and organizations.
North Carolina Department of Labor - Wage and Hour Bureau
The primary state agency for wage complaints. File complaints online at nc.gov/services/file-wage-complaint, by phone at (919) 707-7970, or by mail to 1101 Mail Service Center, Raleigh, NC 27699-1101. The Bureau investigates complaints, may order employers to pay back wages, and assesses penalties for violations. Services are free.
U.S. Department of Labor - Wage and Hour Division
The federal agency enforcing the Fair Labor Standards Act. The nearest office is in Raleigh. Call 1-866-4USWAGE (1-866-487-9243) or visit dol.gov/agencies/whd to file a complaint. Federal investigators handle minimum wage, overtime, and other FLSA violations. Services are free.
Wake County Small Claims Court
Handles wage claims up to $10,000. Located at the Wake County Justice Center, 316 Fayetteville Street, Raleigh, NC 27601. Filing fees are approximately $96-$146 depending on claim amount. Court staff provide procedural information but cannot give legal advice. Phone: (919) 792-4100.
Legal Aid of North Carolina
Provides free legal services to low-income workers for employment matters including wage claims. Apply online at legalaidnc.org or call 1-866-219-5262. Income eligibility requirements apply. Legal Aid attorneys can advise on wage rights and may represent qualifying workers.
North Carolina Bar Association Lawyer Referral Service
Connects workers with employment attorneys in the Raleigh area. Call (919) 677-8574 or visit ncbar.org. Initial consultations through the service are typically offered at reduced rates. Many employment attorneys take wage cases on contingency.
North Carolina Justice Center Workers' Rights Project
A nonprofit advocacy organization focusing on workers' rights in North Carolina. Provides information, resources, and sometimes direct assistance for wage claims. Website: ncjustice.org.
Equal Employment Opportunity Commission (EEOC)
While primarily handling discrimination claims, the EEOC's Raleigh office can provide referrals for wage claims that may also involve discrimination. Located at 434 Fayetteville Street, Suite 700, Raleigh, NC 27601. Phone: 1-800-669-4000.
Wake County Public Libraries
Offer free access to legal databases and employment law resources. Main library at 4 Fayetteville Street, Raleigh, NC 27601. Phone: (919) 250-1200.
Online Resources
The NC General Statutes are available at ncleg.gov/Laws/GeneralStatutes (see Chapter 95, Article 2A for Wage and Hour Act). The U.S. Department of Labor website (dol.gov) provides extensive information about federal wage and hour requirements.
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
North Carolina Unpaid Wages Laws
Applicable Laws
- North Carolina Wage and Hour Act
- N.C.G.S. § 95-25.1 to 95-25.25
Small Claims Limit
$10,000
Consumer Protection Agency
North Carolina Department of Labor Wage and Hour Bureau
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.