What is the North Carolina wage claim statute of limitations?

2 years, running from the date wages were due. Each missed paycheck is a separate claim with its own SOL.

What form do I use to file a North Carolina wage claim?

WH-1, filed with the NC DOL Wage and Hour Bureau. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly.

Can I file in state and federal court at the same time?

Yes. The North Carolina state wage claim runs separately from the federal FLSA claim (2-year SOL, 3 if willful). You can file both. Discrimination claims also run on a separate EEOC clock (180 days; 300 in deferral states).

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North Carolina · Labor & employment

How to file a wage claim in North Carolina.

Filed with the NC DOL Wage and Hour Bureau. Form: WH-1. Statute of limitations: 2 years.

Statute of limitations

2 years

Final pay deadline

Next regular payday — including PTO if employer policy promises it.

Damages

Liquidated damages equal to unpaid wages; attorney fees.

Calculate your specific deadline

Enter the date wages were due → get the deadline for North Carolina, federal FLSA, EEOC charge, and NLRB ULP.

Open SOL calculator

What this form covers

NC Wage and Hour Act covers separation pay, vacation, and commissions if promised.

File the form

The WH-1 is the canonical wage-claim form for North Carolina. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

Fill the form — $9.99 All Labor & Employment forms

Filing more than this one form?

The WH-1 is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

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Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from North Carolina’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like CA, NY, IL, etc.).

· FLSA wage claim: DOL WH-31
· EEOC discrimination charge: EEOC Form 5
· NLRB unfair labor practice: NLRB-501
· OSHA workplace hazard: OSHA-7

Wage claim guides for nearby states

California

Division of Labor Standards Enforcement (DLSE) · SOL 3 years (Lab. Code § 1194)

Texas

Texas Workforce Commission (TWC) Labor Law Section · SOL 180 days from when wages were due (Texas Payday Law)

New York

NYS Department of Labor · SOL 6 years (NY Labor Law § 196)

Florida

Florida Commission on Human Relations (employment discrimination only) · SOL 365 days for FCRA discrimination charges

Utah

Utah Labor Commission, Wage Claim Unit · SOL 2 years (Utah Code § 34-28-9)

Arizona

Industrial Commission of Arizona Labor Department · SOL 1 year (state); 2 years FLSA (3 if willful)

See all 21 state guides

Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

Free tool

EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the NC DOL Wage and Hour Bureau or a licensed North Carolina attorney before filing.