North Carolina Employer Wage Affidavit
Definition and meaning
The North Carolina Employer Wage Affidavit is a legal document used to provide the court with accurate information regarding an employee's wages, benefits, and employment status. This affidavit is commonly required in legal proceedings, particularly during disputes involving income, such as custody cases or divorce proceedings.
How to complete a form
To successfully complete the North Carolina Employer Wage Affidavit, follow these steps:
- Begin by filling in your personal details, including your name, title, and the name of your company.
- Provide the full address of your workplace.
- Indicate whether you are the employee or owner of the company.
- Attach all necessary documents that detail the employee's earnings, deductions, benefits, and employment duration.
- Sign and date the affidavit, ensuring it is notarized.
Who should use this form
The North Carolina Employer Wage Affidavit should be used by employers who have been served with a subpoena for employee records. It is also relevant for employers involved in legal proceedings where employee income and benefits are in question. Additionally, custodians of records for employers may use this form to submit wage details for employees involved in litigation.
Key components of the form
The North Carolina Employer Wage Affidavit includes several key sections that must be completed:
- Employee Information: Full name, address, Social Security Number, and employment details.
- Company Information: Name and address of the employer.
- Earnings Documentation: Details of gross and net wages, bonuses, and other relevant earnings.
- Benefits Information: Information about medical, dental, and vision insurance provided to the employee.
Common mistakes to avoid when using this form
When completing the North Carolina Employer Wage Affidavit, avoid the following common mistakes:
- Failing to include accurate employee information, such as Social Security Numbers.
- Not providing necessary documentation that supports the claims made in the affidavit.
- Neglecting to have the affidavit notarized, which may invalidate the form.
- Submitting incomplete forms, which can lead to delays in legal proceedings.
What documents you may need alongside this one
When filing the North Carolina Employer Wage Affidavit, you may need to include the following documents:
- Copies of pay stubs or wage statements for the past year.
- Tax returns showing reported earnings for the employee.
- Documentation of any benefits provided to the employee, such as health insurance or retirement plans.
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FAQ
Farm work is completely exempt from any of the provisions of the North Carolina Wage and Hour Act. Employment in haz- ardous or detrimental occupations is not permitted for youth under the age of 18.
The IRS and the Affordable Care Act define anyone working 30 hours or more a week or 130 hours or more a month as a full-time employee.
The NCWHA provides that the current minimum wage in North Carolina is $7.25 per hour, because this is the federal minimum wage set out in the Fair Labor Standards Act, 29 U.S.C. 206(a)(1).
The Equal Pay Act of 1963 makes it illegal for employers to pay unequal wages to men and women who perform substanally equal work. Your employer can pay different amounts based on seniority, merit, quanty or quality of producon, or a factor other than sex.
The federal minimum wage for covered nonexempt employees is $7.25 per hour.
Employers must notify employees in writing or through a posted notice maintained in a place accessible to its employees of any reduction in the rate of promised wages at least 24 hours prior to such change.
Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based upon bonuses, commissions, or other forms of calculation may be paid as infrequently as annually if prescribed in advance.