Charlotte, NC Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- State Minimum Wage
- $7.25/hr (NCGS § 95-25.3)
- Tipped Wage
- $2.13/hr cash + tips
- Preemption Statute
- N.C.G.S. § 95-25.1(b)
- Enabling Law
- 2017 N.C. Sess. Laws 4 (HB 142)
- Charlotte City Wage
- $22.00/hr (city employees only)
Summary
Charlotte cannot set a citywide private-sector minimum wage. N.C.G.S. § 95-25.1(b) preempts local wage ordinances. North Carolina's state minimum wage matches the federal FLSA rate of $7.25/hour. Tipped wage: $2.13/hour cash + tips equaling $7.25.
(d) The provisions of this Article supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment of earned wages, benefits, leave, or well-being of minors in the workforce. This subsection shall not apply to any of the following:
(1) A local government regulating, compensating, or controlling its own employees.
(2) Economic development incentives awarded under Chapter 143B of the General Statutes.
(3) Economic development incentives awarded under Article 1 of Chapter 158 of the General Statutes.
(4) A requirement of federal community development block grants.
(5) Programs established under G.S. 160D-1311. (1937, c. 409, s. 2; 1979, c. 839, s. 1; 2016-3, 2nd Ex. Sess., s. 2.1; 2017-4, s. 1; 2023-134, s. 5.9(a).)
Full Breakdown
North Carolina General Statute § 95-25.1(b) provides that 'no county, municipality, or other political subdivision of the State may enact local wage and hour requirements that exceed those established in this Article [Wage and Hour Act, N.C.G.S. Ch. 95, Article 2A], including, but not limited to, local minimum wage requirements.' This was added by 2017 N.C. Sess. Laws 4 (HB 142) as a follow-on to the bathroom-bill compromise, replacing the broader 2016 HB 2 preemption. The North Carolina state minimum wage in N.C.G.S. § 95-25.3 is set at $7.25/hour, identical to the federal FLSA rate. The City of Charlotte pays its own municipal workforce a higher living wage (currently $22.00/hour effective FY 2024-25 per City Council action), but this does not extend to private employers. The NC Department of Labor's Wage and Hour Bureau enforces state law; U.S. DOL enforces federal FLSA.
Violations & Fines
NC wage-claim remedies under N.C.G.S. § 95-25.22 include unpaid wages plus equal liquidated damages and attorney's fees. Claims may be filed with the NC Department of Labor or pursued in court within 2 years. Federal FLSA remedies (29 U.S.C. § 216(b)) apply in parallel.
Frequently Asked Questions
Is the minimum wage higher in Charlotte than the rest of NC?
Can Charlotte pass a $15 minimum wage?
What is the tipped minimum wage in Charlotte?
Sources & Official References
Other rules in Charlotte
Compare Charlotte to another location·View the North Carolina employment preemption overview
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