Employer of Record for North Carolina

Guide to Hiring Employees in North Carolina

Your guide to hiring employees in North Carolina, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in North Carolina through Playroll.

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Iconic Image Of North Carolina

Capital City

Raleigh

Timezone

EST

(

GMT-5

)

Paid Leave

None

Income Tax

11.25%

Employer Tax

12.4%

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How to Hire Employees In North Carolina

Hiring in North Carolina for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in North Carolina:

  • Establishing a local entity: Creating a legal entity in North Carolina allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with North Carolina’s labor laws, helping you hire in North Carolina without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet North Carolina’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but North Carolina has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in North Carolina.

Complying with North Carolina specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in North Carolina, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

North Carolina's Research Triangle (Raleigh, Durham, and Chapel Hill) is a rapidly growing tech and innovation center, attracting companies like IBM, Google, and Apple.

The state offers diverse recreational opportunities, from hiking in the Appalachian Mountains to enjoying beaches along the Outer Banks, making it a paradise for nature lovers.

Key Things to Know About Hiring in North Carolina

In North Carolina, workers’ rights are protected by numerous employment and labor laws, at both the state and federal level.  As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.Here are the key things you need to know about hiring in North Carolina.

Do I Need an EIN or Payroll Tax Number To Employ in North Carolina

You will need to obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This number is used for tax reporting purposes and is required for filing taxes, paying employees, and reporting wages.

Working Hours in North Carolina 

There are no specific restrictions on standard working hours, so employers can set their own schedules. However, overtime rules require that non-exempt employees be paid 1.5 times their regular hourly rate for any hours worked beyond 40 in a single workweek.

What Is Considered Full-Time Employment in North Carolina?

Employers determine full-time status based on their policies, which should be documented if they affect benefits or wages

Probation Period in North Carolina 

A probation period is not regulated by state law and is left to the discretion of employers. Employers can set a probationary period to evaluate new hires' performance, typically ranging from 30 to 90 days. 

Labour Laws in North Carolina

Minimum Wage in North Carolina 

The minimum wage is $7.25 per hour in North Carolina, aligning with the federal rate.

North Carolina Anti-Discrimination Laws

North Carolina’s Anti-Discrimination Laws protect employees from discrimination based on race, color, national origin, sex, age (40+), disability, religion, marital status, familial status, genetic information, sexual orientation, and military status. Discriminatory practices in hiring, firing, promotions, job assignments, and compensation are prohibited. Employers must also provide reasonable accommodations for employees with disabilities unless it causes undue hardship.

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Onboarding New Hires in North Carolina

We can help you get your new employee started in North Carolina fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Taxes For North Carolina

Common payroll cycles include weekly, bi-weekly, semi-monthly, and monthly. 

Looking to grow your team in North Carolina?

Stay Compliant: Navigate North Carolina’s complex labor laws with ease.

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North Carolina Employment Taxes

Employment taxes and statutory fees affect both your payroll and your employees’ paychecks in North Carolina. Understanding the tax obligations for both employers and employees is crucial when operating in North Carolina's business landscape. This section explains how taxes and statutory fees affect payroll and individual earnings in North Carolina. Note that employees may be liable for additional local taxes in certain cities and jurisdictions.

Employer Tax Contributions

Employment Tax Type Tax Rate
Unemployment Insurance Tax (State) Variable rate depending on the employer’s experience rating.
Federal Unemployment Tax (FUTA) As per federal legislation
Social Security (FICA) As per federal legislation
Medicare (FICA) As per federal legislation
Workers’ Compensation Insurance Rates vary based on industry and company risk factors.

Employee Payroll Tax Contributions

Employee Payroll Tax Contribution Tax Rate
State Income Tax 4.75% of taxable income
Federal Income Tax As per federal legislation
Social Security (FICA) As per federal legislation
Medicare (FICA) As per federal legislation

Tax Due Dates in North Carolina

In North Carolina, the deadline for filing individual state income tax returns aligns with the federal deadline, typically on April 15. If April 15 falls on a weekend or federal holiday, the deadline is extended to the next business day

Pension in North Carolina

Not mandated for employers to provide employees with pension plans.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in North Carolina tailored to your needs.

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Paid and Unpaid Leave Policies in North Carolina

Is Vacation Leave Mandatory in North Carolina?

Vacation leave is not mandatory.

What Are Mandatory Leave Entitlements in North Carolina

Type of Leave Time Period Mandatory Pay Status Eligibility Criteria
Family and Medical Leave Act (FMLA) As stipulated by federal FMLA legislation Yes Unpaid As stipulated by federal FMLA legislation
Military Leave Duration of service Yes Unpaid Active duty, reserves, or National Guard members covered under USERRA
Jury Duty Leave As required by the court Yes Unpaid Must provide notice of jury duty summons
Voting Leave Reasonable time to vote No Unpaid Employer discretion, but cannot penalize for voting during non-working
Crime Victim Leave Reasonable time for court appearances Yes Unpaid Victims of certain crimes attending court proceedings
Emergency Responder Leave Varies (as needed) Yes Unpaid Volunteer firefighters or emergency medical responders in specific situations

Paid Time Off in North Carolina

North Carolina does not mandate paid time off, but many employers offer PTO policies combining sick leave, vacation, and personal leave days.

Maternity & Paternity Leave In North Carolina

In North Carolina, there is no state-mandated maternity or paternity leave. Employees rely on the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for eligible employees to care for a newborn, adopted child, or newly placed foster child. If FMLA doesn’t apply, any additional leave would depend on the employer’s policies. Some companies may offer paid maternity and/or paternity leave voluntarily as a benefit.

Sick Leave In North Carolina

Some localities, like Charlotte, have begun discussing or implementing paid sick leave policies, but there is no statewide mandate for private-sector employers.

Military Leave in North Carolina

Under the federal Uniformed Services Employment and Reemployment Rights Act, employees who serve in the military reserves or National Guard are entitled to unpaid leave for military duty or training. This law guarantees job protection and reemployment rights upon the employee's return.

Jury Duty Leave in North Carolina

Employers are required to allow employees time off for jury duty, although it is not mandated to be paid. Employers cannot penalize employees for taking time off to fulfil this civic duty, ensuring job protection during their jury service.

Workers Compensation Leave in North Carolina

North Carolina’s Workers' Compensation system provides wage replacement and medical care for employees who are injured on the job. The state offers a maximum weekly benefit based on the employee's average weekly wage.

It’s Easy To Manage Benefits For Employees In North Carolina With Playroll

Benefit Requirements for Employers in North Carolina

Are Employers Required To Provide Health Insurance in North Carolina?

Employers are not required by state law to provide health insurance, but businesses with 50 or more full-time equivalent employees must comply with the federal Affordable Care Act (ACA), offering health insurance that meets minimum essential coverage standards. Smaller employers are not mandated to provide coverage

Do Part-Time Employees Get Benefits in North Carolina?

Part-time employees are not automatically entitled to benefits unless specified by the employer's policy or benefit plan.

Are Employers Required To Offer 401k in North Carolina?

There is no legal obligation for employers to offer retirement plans such as 401(k)s. 

Employment Termination Protocols in North Carolina

When it comes to terminating employment in North Carolina, understanding the legal obligations regarding severance pay and contributions is essential. Below is a detailed overview of the key considerations for both employers and employees.

Termination Process in North Carolina

Employment is "at-will," meaning employers can terminate employees without cause or notice unless restricted by law.

Notice Period in North Carolina

No notice period required. 

Severance in North Carolina

 Severance pay is not mandated but must follow any agreed policies or contracts if offered. 

Hiring Employees in North Carolina with an employer of record

Discuss how an EOR handles onboarding, including setting up compliant employment contracts, registering for taxes, and managing benefits like North Carolina's superannuation system (if applicable).

The employer of record is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with North Carolina's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with North Carolina's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with North Carolina's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by [State]'s labor laws, such as health insurance, pension contributions, and statutory leave.

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