North Carolina Law Alerts - August 2019
Youth Internship Opportunities Expanded
On July 26, 2019, North Carolina Governor Roy Cooper signed legislation (S.B. 391) to provide a limited exception to the prohibition on youth participating in supervised, practice experiences with employers in occupations found detrimental by the North Carolina Commissioner of Labor (commissioner). The exception exists if:
The youth is enrolled a school that is partnering with the employer to offer the supervised, practice experience for the occupation.
The employer submits to the commissioner the written agreement between the employer and the school where the youth is enrolled that governs the operation of the supervised, practice experience for the occupation. The written agreement must include the following stipulations:
The work is incidental to the youth’s supervised, practice experience for the occupation; is intermittent and for short periods of time; and is performed under direct and close supervision of a qualified and experienced person.
Before beginning work, the employer will give the youth safety instructions, and a schedule of organized and progressive work processes to be performed.
The terms of this written agreement must be consistent with the U.S. Department of Labor’s guidance provided in Child Labor Bulletin 101, Child Labor Provisions for Nonagricultural Occupations under the Fair Labor Standards Act.
The law took effect July 26, 2019.
Read NC S.B. 391
State Servicemembers Civil Relief Act Enacted
On July 25, 2019, North Carolina Governor Roy Cooper signed legislation (S.B. 420) to incorporate into state law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act. The law also extends those federal rights, benefits, and protections to:
Members of the North Carolina National Guard serving on state active duty; and
Members of the National Guard of other states serving on state active duty who reside in North Carolina.
The law also clarifies that a North Carolina National Guard member who is called into service has the right to take unpaid leave from his or her civilian employment and may not be forced to use any accrued vacation, or other accrued leaves, for such active service. The choice of leave is solely at the member’s discretion.
The law is generally effective October 1, 2019; however, the leave and vacation clarifications took effect July 25, 2019.
Read NC S.B. 420