Employees whose employment is discontinued for any
reason shall be paid all wages due on or before the next regular
payday either through the regular pay channels or by mail
if requested by the employee. Wages based on bonuses, commissions
or other forms of calculation shall be paid on the first regular
payday after the amount becomes calculable when a separation
occurs. Such wages may not be forfeited unless the employee
has been notified in accordance with G.S. 95-25.13 of the
employer's policy or practice which results in forfeiture.
Employees not so notified are not subject to such loss or
forfeiture.
(a) For purposes of G.S. 95-25.7 and these Rules:
(1) "Separated employees" are employees
whose employment has been discontinued
either voluntarily or involuntarily for
any reason.
(2) "The next regular payday" is the
payday for the pay period in which the
separated employee's employment is discontinued,
except for bonuses, commissions and other
forms of compensation. "The next
regular payday" for bonuses, commissions
and other forms of compensation is the
first regular payday for the pay period
in which such wages become calculable.
(b) If an employee requests that the employee's final paycheck
be mailed, the employer shall mail the paycheck
to the employee at the employer's expense. Employers
shall not withhold the final paycheck because the
employee refuses to come to the business office
or place of employment to pick up the paycheck.
The employer may require the employee to provide
a notarized or witnessed written request for the
mailing of the final paycheck.
(c) If a final paycheck mailed at the employee's request:
(1) Is lost or stolen before the employee receives
it, the employer shall replace the paycheck
upon request of the employee. The employer
shall not deduct costs related to replacing
the check without written authorization
from the employee in accordance with Rule
.0305 of this Section.
(2) Is lost or stolen after the employee receives
it, the employer shall replace the paycheck
upon request of the employee. The employer
may deduct costs related to replacing
the paycheck without a written authorization
from the employee. "Costs of replacing
the paycheck" shall include the cost
of stopping payment on the lost or stolen
check.
(d) An employer owes the employee the wages due until
the employee receives the final paycheck. However,
if the check is dishonored by the financial institution
against which it is drawn, then the employer's obligation
to pay the wages remains.
