25 NCAC 01B .0422. FRONT PAY

Front pay is the payment of an amount to an employee above his/her regular salary, such excess amount representing the difference between the employee's salary in his/her current position and a higher salary determined to be appropriate due to a finding of discrimination.  Front pay may also result from an order of reinstatement to a position of a particular level, which the agency is unable to accommodate immediately.  Front pay shall be paid for such period as the agency is unable to hire, promote or reinstate the employee to a position at the level ordered by the State Human Resources Commission.  Front pay shall terminate upon acceptance or rejection of a position consistent with the order of the commission. Front pay shall be available as a remedy in cases involving hiring, promotion, demotion or dismissal. Front pay shall be payable under the same conditions as back pay except that the only deductions from front pay shall be for usual and regular deductions for state and federal withholding taxes and the employee's retirement contribution. There may also be a deduction for other employment earnings, whether paid by the state or another employer, so as to avoid unjust enrichment of the grievant.  Shift premium pay and holiday premium pay shall not be available on front pay. Submission of a form PD 14 is not required for front pay.

 

History Note:        Authority G.S. 126-4(9);

Eff. September 1, 1987.