North Carolina 2017-2018 Session Status: In Committee 2 D cosponsors

SB 174 — Economic Security Act of 2017.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

719 added · 719 removed

Plain-language change summary

The updated version of SB 174 includes a new section for definitions related to the Equal Pay Act, specifically clarifying who qualifies as an employee. This change is significant because it helps ensure that all individuals receiving compensation for their work are explicitly recognized under the law, promoting fair pay practices. By detailing definitions, the bill aims to provide clearer guidelines for enforcing equal pay standards in North Carolina. This clarity can help workers better understand their rights and employers understand their obligations.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 1, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 174* Short Title:
174 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS25024-LR-53C* (02/27) Short Title:
Senators Bryant, Foushee, and Van Duyn (Primary Sponsors).
Senators Bryant, Foushee, Van Duyn (Primary Sponsors);
Clark, Lowe, and Smith-Ingram.
A BILL TO BE ENTITLED AN ACT TO ADVANCE ECONOMIC SECURITY IN NORTH CAROLINA BY INCREASING THE STATE MINIMUM WAGE IN PHASES TO FIFTEEN DOLLARS PER HOUR OVER FIVE YEARS, MANDATING EQUAL PAY FOR EQUAL WORK, REQUIRING PAID SICK LEAVE AND FAMILY MEDICAL LEAVE, INCREASING THE TIPPED MINIMUM WAGE, ENDING WAGE THEFT, REQUIRING THE FAIR ASSESSMENT OF PERSONS WITH CRIMINAL HISTORIES BY "BANNING THE BOX," REPEALING PUBLIC EMPLOYEE COLLECTIVE BARGAINING RESTRICTIONS, AND REENACTING THE EARNED INCOME TAX CREDIT AND TAX CREDITS FOR CHILD CARE AND CERTAIN EMPLOYMENT-RELATED EXPENSES.
Rules and Operations of the Senate March 2, 2017 A BILL TO BE ENTITLED AN ACT TO ADVANCE ECONOMIC SECURITY IN NORTH CAROLINA BY INCREASING THE STATE MINIMUM WAGE IN PHASES TO FIFTEEN DOLLARS PER HOUR OVER FIVE YEARS, MANDATING EQUAL PAY FOR EQUAL WORK, REQUIRING PAID SICK LEAVE AND FAMILY MEDICAL LEAVE, INCREASING THE TIPPED MINIMUM WAGE, ENDING WAGE THEFT, REQUIRING THE FAIR ASSESSMENT OF PERSONS WITH CRIMINAL HISTORIES BY "BANNING THE BOX," REPEALING PUBLIC EMPLOYEE COLLECTIVE BARGAINING RESTRICTIONS, AND REENACTING THE EARNED INCOME TAX CREDIT AND TAX CREDITS FOR CHILD CARE AND CERTAIN EMPLOYMENT-RELATED EXPENSES.
(4) Effective on Labor Day, January 1, 2020, thirteen dollars ($13.00) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C.
(4) Effective on Labor Day, January 1, 2020, thirteen dollars ($13.00) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor *S174-v-1* General Assembly Of North Carolina Session 2017 Standards Act, 29 U.S.C.
*DRS25024-LR-53C* General Assembly Of North Carolina Session 2017 (5) Effective on Labor Day, January 1, 2021, fifteen dollars ($15.00) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C.
(5) Effective on Labor Day, January 1, 2021, fifteen dollars ($15.00) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C.
§ 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section." 6 EQUAL PAY FOR EQUAL WORK SECTION 2.1.
§ 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section." 8 EQUAL PAY FOR EQUAL WORK SECTION 2.1.
(c) A civil action pursuant to this section shall be instituted within two years after the date that the alleged violation is discovered by the affected employee." PAID SICK AND FAMILY MEDICAL LEAVE Page 2 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 SECTION 3.1.(a) Chapter 95 of the General Statutes is amended by adding a new Article to read:
(c) A civil action pursuant to this section shall be instituted within two years after the date that the alleged violation is discovered by the affected employee." Page 2 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 2 PAID SICK AND FAMILY MEDICAL LEAVE SECTION 3.1.(a) Chapter 95 of the General Statutes is amended by adding a new Article to read:
(a) The provisions of this section do not apply to any bona fide volunteers in any organization where an employer-employee relationship does not exist.
Senate Bill 174*-First Edition Page 3 General Assembly Of North Carolina Session 2017 (a) The provisions of this section do not apply to any bona fide volunteers in any organization where an employer-employee relationship does not exist.
DRS25024-LR-53C* [v.1] (02/17) Page 3 General Assembly Of North Carolina Session 2017 (b) The provisions of this section do not apply to any person exempted from the Wage and Hour Act under G.S.
(b) The provisions of this section do not apply to any person exempted from the Wage and Hour Act under G.S.
The employer shall not delay the commencement of time taken for purposes of subsection (a) of this section or pay for this period on the basis that the employer has not yet received the certification.
The employer shall not delay the commencement of time taken for purposes of subsection (a) of this section or pay for this period Page 4 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 on the basis that the employer has not yet received the certification.
Nothing in this section shall be construed to require an employee to provide as certification Page 4 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 any information from a health care provider that would be in violation of section 1177 of the Social Security Act or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act, 42 U.S.C.
Nothing in this section shall be construed to require an employee to provide as certification any information from a health care provider that would be in violation of section 1177 of the Social Security Act or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act, 42 U.S.C.
(a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his or her authorized representative is empowered to hold hearings and to institute civil proceedings hereunder.
Senate Bill 174*-First Edition Page 5 General Assembly Of North Carolina Session 2017 (a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his or her authorized representative is empowered to hold hearings and to institute civil proceedings hereunder.
DRS25024-LR-53C* [v.1] (02/17) Page 5 General Assembly Of North Carolina Session 2017 (b) The Commissioner or the Commissioner's authorized representative shall have the power to administer oaths and examine witnesses, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, and documents, and take depositions and affidavits in any proceeding hereunder.
(b) The Commissioner or the Commissioner's authorized representative shall have the power to administer oaths and examine witnesses, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, and documents, and take depositions and affidavits in any proceeding hereunder.
(2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee's behalf.
Page 6 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 (2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee's behalf.
(3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A Article 2A, Article 3A, or Article 16 of this Chapter, by Article 2A Page 6 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 of Chapter 74 of the General Statutes, or by Article 52 of Chapter 143 of the General Statutes.
(3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A Article 2A, Article 3A, or Article 16 of this Chapter, by Article 2A of Chapter 74 of the General Statutes, or by Article 52 of Chapter 143 of the General Statutes.
– The status of an individual, under the usual common law rules applicable in determining the employee-employer relationship, as an employee or as an independent contractor (or other individual who is not an employee).
– The status of an individual, under the usual common law rules applicable in determining the employee-employer relationship, as an Senate Bill 174*-First Edition Page 7 General Assembly Of North Carolina Session 2017 employee or as an independent contractor (or other individual who is not an employee).
– The related activities performed either through unified operations or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more DRS25024-LR-53C* [v.1] (02/17) Page 7 General Assembly Of North Carolina Session 2017 establishments or by one or more corporate units but shall not include the related activities performed for such enterprise by an independent contractor or franchisee.
– The related activities performed either through unified operations or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more establishments or by one or more corporate units but shall not include the related activities performed for such enterprise by an independent contractor or franchisee.
– Wage paid to an employee means compensation for labor or services rendered by an employee whether determined on a time, task, piece, job, day, commission, or other basis of calculation, and the reasonable cost as determined by the Commissioner of furnishing employees with board, lodging, or other facilities.
– Wage paid to an employee means compensation for labor or services rendered by an employee whether determined on a time, task, piece, job, day, commission, or other basis of calculation, and the reasonable cost as determined by the Commissioner of furnishing employees with board, lodging, Page 8 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 or other facilities.
Page 8 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 (16a) Willful.
(16a) Willful.
(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the court shall award liquidated damages in an amount equal to twice the amount found to be due as provided in subsection (a) of this section, provided that if the employer shows to the satisfaction of the court that the act or omission constituting the violation was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Article, the court may, in its discretion, award no liquidated damages or may award any amount of liquidated damages not exceeding twice the amount found due as provided in subsection (a) of this section.
(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the court shall award liquidated damages in an amount equal to twice the amount found to be due as provided in subsection (a) of this section, provided that if the employer shows to the satisfaction of the court that the act or omission constituting the violation was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Article, Senate Bill 174*-First Edition Page 9 General Assembly Of North Carolina Session 2017 the court may, in its discretion, award no liquidated damages or may award any amount of liquidated damages not exceeding twice the amount found due as provided in subsection (a) of this section.
DRS25024-LR-53C* [v.1] (02/17) Page 9 General Assembly Of North Carolina Session 2017 (a2) Any employer who violates the provisions of G.S.
(a2) Any employer who violates the provisions of G.S.
§ 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final determination of the penalty shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B and in a judicial proceeding pursuant to Article 4 of Chapter 150B.
§ 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final Page 10 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 determination of the penalty shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B and in a judicial proceeding pursuant to Article 4 of Chapter 150B.
Page 10 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 (c) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.
(c) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.
(j) If a lien is recorded pursuant to subsection (f) of this section and an action to recover unpaid wages has been filed, then that action shall also be deemed an action to foreclose upon any property subject to the recorded lien.
Senate Bill 174*-First Edition Page 11 General Assembly Of North Carolina Session 2017 (j) If a lien is recorded pursuant to subsection (f) of this section and an action to recover unpaid wages has been filed, then that action shall also be deemed an action to foreclose upon any property subject to the recorded lien.
Whether or not the court makes such an order as part of the judgment, DRS25024-LR-53C* [v.1] (02/17) Page 11 General Assembly Of North Carolina Session 2017 a writ of sale may be issued for any property subject to the lien at any point after a judgment for unpaid wages is issued.
Whether or not the court makes such an order as part of the judgment, a writ of sale may be issued for any property subject to the lien at any point after a judgment for unpaid wages is issued.
(a) Except as otherwise required by law, no person shall be disqualified from public employment solely or in part because of a prior conviction, unless the conviction is determined to be substantially related to the qualifications, functions, or duties of the position after consideration of all of the following factors:
(a) Except as otherwise required by law, no person shall be disqualified from public employment solely or in part because of a prior conviction, unless the conviction is determined to Page 12 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 be substantially related to the qualifications, functions, or duties of the position after consideration of all of the following factors:
Page 12 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 (4) The circumstances surrounding the commission of the crime, if known.
(4) The circumstances surrounding the commission of the crime, if known.
Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect." EARNED INCOME TAX CREDIT SECTION 8.1.(a) G.S.
Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect." EARNED INCOME TAX CREDIT Senate Bill 174*-First Edition Page 13 General Assembly Of North Carolina Session 2017 SECTION 8.1.(a) G.S.
– An individual who claims for the taxable year an earned income tax credit under section 32 of the Code is allowed a credit against the tax imposed by this Part equal to a percentage five percent (5%) of the amount of credit the individual qualified for under section 32 DRS25024-LR-53C* [v.1] (02/17) Page 13 General Assembly Of North Carolina Session 2017 of the Code.
– An individual who claims for the taxable year an earned income tax credit under section 32 of the Code is allowed a credit against the tax imposed by this Part equal to a percentage five percent (5%) of the amount of credit the individual qualified for under section 32 of the Code.
Filing Status Adjusted Gross Percentage A Percentage B Income Head of Up to $20,000 9% 13% Household Over $20,000 up to $32,000 8% 11.5% Over $32,000 7% 10% Surviving Spouse or Joint Return Up to $25,000 9% 13% Over $25,000 Page 14 DRS25024-LR-53C* [v.1] (02/17) General Assembly Of North Carolina Session 2017 up to $40,000 8% 11.5% 3 Over $40,000 7% 10% 5 Single Up to $15,000 9% 13% 7 Over $15,000 up to $24,000 8% 11.5% Over $24,000 7% 10% Married Filing Separately Up to $12,500 9% 13% Over $12,500 up to $20,000 8% 11.5% Over $20,000 7% 10% (b) Employment Related Expenses.
Filing Status Adjusted Gross Percentage A Percentage B Income Head of Up to $20,000 9% 13% Household Over $20,000 up to $32,000 8% 11.5% Over $32,000 7% 10% Page 14 Senate Bill 174*-First Edition General Assembly Of North Carolina Session 2017 2 Surviving Spouse or Joint Return Up to $25,000 9% 13% 6 Over $25,000 up to $40,000 8% 11.5% 9 Over $40,000 7% 10% Single Up to $15,000 9% 13% Over $15,000 up to $24,000 8% 11.5% Over $24,000 7% 10% Married Filing Separately Up to $12,500 9% 13% Over $12,500 up to $20,000 8% 11.5% Over $20,000 7% 10% (b) Employment Related Expenses.
DRS25024-LR-53C* [v.1] (02/17) Page 15
Senate Bill 174*-First Edition Page 15
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 173 not signed on

Sponsors (2)

  • Foushee
  • Bryant

Co-sponsors (4)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation labor
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Frequently asked questions

Who sponsors SB 174?
SB 174 is sponsored by Van Duyn, Paul A. Lowe, Jr. (Democratic), Foushee, Clark, Bryant, and Kandie D. Smith (Democratic).
What is the current status of SB 174?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 174?
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