How to Read A statute...

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How to Read A statute...

Post  nckrystalblue on Tue Jul 21, 2009 1:00 am

this is ONLY for example. I'm not referring, implying or otherwise trying to use this code other than to figure out what parts of it mean study

95‑25.13. Notification, posting, and records.
(removed sections 1-3 as they didn't have anything other than text)

(4) Furnish each employee with an itemized statement of deductions made from that employee's wages under G.S. 95‑25.8 for each pay period such deductions are made. (1975, c. 413, s. 7; 1979, c. 839, s. 1; 1981, c. 663, s. 12; 1993, c. 203, s. 1; 2005‑453, s. 21.)

Can you please explain what the colored items are and how a code should be cited (referenced).
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Re: How to Read A statute...

Post  Mr. Pink on Tue Jul 21, 2009 2:58 am

nckrystalblue wrote:this is ONLY for example. I'm not referring, implying or otherwise trying to use this code other than to figure out what parts of it mean study

95‑25.13. Notification, posting, and records.
(removed sections 1-3 as they didn't have anything other than text)

(4) Furnish each employee with an itemized statement of deductions made from that employee's wages under G.S. 95‑25.8 for each pay period such deductions are made. (1975, c. 413, s. 7; 1979, c. 839, s. 1; 1981, c. 663, s. 12; 1993, c. 203, s. 1; 2005‑453, s. 21.)

Can you please explain what the colored items are and how a code should be cited (referenced).

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

I am not all that familiar with N.C. statutory construction, but the items in parentheses (which you have in a blue font color) are likely citations to prior versions of this specific section of the law. In essence a road map of where the current statute came from in N.C. legislative history.

In regard to how the code should be cited, the correct blue book format is as follows (an example):

N.C. Gen. Stat. 33-401 (year). [official code]

Hope that helps.

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interesting...

Post  nckrystalblue on Tue Jul 21, 2009 3:34 am

so the C would be for a specific Chapter of that code and the S for a Sub-chapter (maybe?)

what is the [official code] that you listed... is it the items in parenthesis or something else?
(just trying to understand what the words mean)

Nearly unrelated question...
How long does it take to become a lawyer and what schooling is involved?
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Re: How to Read A statute...

Post  JoeC (McGruff) on Tue Jul 21, 2009 2:10 pm

95‑25.13.
In North Carolina That particular statue would read 95 (Department of labor regulations)-25 (Wages and hours act) .13 (Notification, posting, and records) . (any thing appearing after the . would further narrow down the citation such as (1) (2) (3) (4)
For example using 95‑25.13.Would read as follows:
95-25.13. Notification, posting, and records.
Every employer shall:
95-25.13.(1) Notify its employees, orally or in writing at the time of hiring, of the
promised wages and the day and place for payment;
95-25.13.(2) Make available to its employees, in writing or through a posted notice
maintained in a place accessible to its employees, employment
practices and policies with regard to promised wages;
95-25.13.(3) Notify employees, in writing or through a posted notice maintained in
a place accessible to its employees, at least 24 hours prior to any
changes in promised wages. Wages may be retroactively increased
without the prior notice required by this subsection; and
95-25.13.(4) Furnish each employee with an itemized statement of deductions made
from that employee's wages under G.S. 95-25.8 for each pay period
such deductions are made.

So the statute tells you to look also 95-25.8 (thats important it means the two have to be read together)

Once again 95 (Department of labor regulations)-25 (Wages and hours act) BUT.8 is ( Withholding of wages)

As far as the parts you highlighted call the law library in North Carolina to clarify I think Mr.Pink is correct it could be footnotes in the legislative history as original bill numbers. c.=Congressional s.= Senate (North Carolina state houses)
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