North Carolina Commissioner of Labor

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North Carolina Commissioner of Labor

NC Dept of Labor logo.JPG

General information
Office Type:  Partisan
Office website:  Official Link
Compensation:  $146,421
2025 FY Budget:  $26,356,022
Term limits:  None
Structure
Length of term:   4 years
Authority:  North Carolina Constitution, Article III, Section 7
Selection Method:  Elected
Current Officeholder

North Carolina Commissioner of Labor Kevin O'Barr
Democratic Party
Assumed office: November 8, 2024

Elections
Next election:  November 7, 2028
Last election:  November 5, 2024
Other North Carolina Executive Offices
GovernorLieutenant GovernorSecretary of StateAttorney GeneralTreasurerAuditorSuperintendent of EducationAgriculture CommissionerInsurance CommissionerNatural Resources CommissionerLabor CommissionerPublic Service Commission

The North Carolina Commissioner of Labor is an elected state executive position in the North Carolina state government. The commissioner is the head of the North Carolina Department of Labor and a member of the Council of State.[1] The mission of the Department of Labor is "to foster a safe, healthy, fair and productive North Carolina."[2] The department provides and encourages education and training, administers regulatory mandates related to labor, and enhances public confidence in the department.[2]

The commissioner is elected by a statewide vote during presidential election years and serves for a four-year term.

Current officeholder

The acting North Carolina Commissioner of Labor is Kevin O'Barr (D). O'Barr assumed office in 2024.

Authority

The commissioner of labor's establishment and term of office are derived from Article III, Section 7 of the North Carolina Constitution.

Article III, Section 7:

A Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected. Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified.[3]

Qualifications

Article VI, Section 6 of the North Carolina Constitution establishes the qualifications of the office:

Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office.[3]


  • Qualified North Carolina voter
  • At least 21 years of age

Vacancies

Details of vacancy appointments are addressed under Article III, Section 7.

If a vacancy occurs in the office, the governor appoints another to serve until a successor is elected and qualified. Every such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term.[3]

Duties

The commissioner of labor is the head of the North Carolina Department of Labor and a member of the Council of State.[1] The mission of the Department of Labor is "to foster a safe, healthy, fair and productive North Carolina."[2] The department providing and encouraging quality education and training, consistently and fairly administering its regulatory mandates related to labor, and enhancing public confidence in the department.[2] The department provides and encourages education and training, administers regulatory mandates related to labor, and enhances public confidence in the department.[2] Additional duties of the commissioner include, but are not limited to:[4]

  • Inspecting, either personally or through a subsidiary, the state's workplaces where goods are manufactured, purchased, or sold, and prosecuting all violations of laws related to those inspections;
  • Appointing clerks, stenographers, and other employees to the various divisions in order to carry out the work of the department;
  • Administering the provisions of law relating to the voluntary arbitration of labor disputes; and
  • Appointing members to the 11-person State Advisory Council on Occupational Safety and Health.

Elections

North Carolina state government organizational chart

North Carolina elects the labor commissioner in presidential election years. The officeholder is elected to a four-year term, which begins the first day of January following the election.[3]

2024

See also: North Carolina Labor Commissioner election, 2024

General election candidates


Did not make the ballot:


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey
Democratic Party Democratic primary candidates

This primary was canceled and this candidate advanced:


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey
Republican Party Republican primary candidates


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey

2020

See also: North Carolina Labor Commissioner election, 2020

General election candidates

Democratic Party Democratic primary candidates

This primary was canceled and this candidate advanced:


Did not make the ballot:

Republican Party Republican primary candidates

2016

See also: North Carolina Labor Commissioner election, 2016

The general election for labor commissioner was held on November 8, 2016.

Incumbent Cherie Berry defeated Charles Meeker in the North Carolina labor commissioner election.

North Carolina Labor Commissioner, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Cherie Berry Incumbent 55.29% 2,479,451
     Democratic Charles Meeker 44.71% 2,005,037
Total Votes 4,484,488
Source: ABC11

Full History


Divisions

The commissioner of labor is the head of the Department of Labor, which has three primary divisions - Administration, Occupational Safety and Health, and Standards and Inspections.[2]

Administration

The Administration Division includes the following subdivisions:[5]
  • Communications: provides information to the media and public.
  • Financial Services: is responsible for the agency's fiscal-related areas.
  • Governmental Affairs: tracks legislation and represents the department before the general assembly.
  • Human Resources: manages and administers personnel policies in the department.
  • Legal Affairs: handles rulemaking and advises the commissioner on legal issues.

Occupational Safety and Health

The Occupational Safety and Health Division administers the Occupational Safety and Health Act of 1973. It includes the following subdivisions:[6]
  • Agricultural Safety and Health: ensures compliance with agricultural safety and health standards.
  • Compliance: conducts inspections of businesses to ensure compliance with workplace safety and health standards.
  • Consultative Services: provides free consultation to employers requesting help to comply with safety and health standards.
  • Education Training and Technical Assistance: coordinates and conducts outreach programs relating to safety and health standards.
  • Planning, Statistics and Information Management: provides statistical data about employers and manages the inspection targeting system.

Standards and Inspections

The Standards and Inspections Division includes the following subdivisions:[7]
  • Boiler Safety: regulates the construction, installation, repair, and operation of vessels.
  • Elevator and Amusement Device: oversees the installation and operation of elevators, escalators, amusement park rides, and aerial passenger tramways.
  • Mine and Quarry: provides education and training to miners to identify and eliminate hazards.
  • Wage and Hour: enforces minimum wage, maximum hours, wage payment, and child labor laws.
  • Retaliatory Employment Discrimination: protects employees who file good-faith inquiries about workers' compensation or rights and conducts investigations from such inquiries.

State budget

See also: North Carolina state budget and finances

The budget for the Department of Labor in Fiscal Year 2025 was $26,356,022.[8]

Compensation

See also: Compensation of state executive officers

Article III, Section 9 of the North Carolina Constitution defines the method by which the commissioner's compensation is set:

The officers whose offices are established by this Article shall at stated periods receive the compensation and allowances prescribed by law, which shall not be diminished during the time for which they have been chosen.[3]

2022

In 2022, the officer's salary was $146,421, according to the Council of State Governments.[9]

2021

In 2021, the commissioner received a salary of $136,699, according to the Council of State Governments.[10]

2020

In 2020, the commissioner received a salary of $133,365, according to the Council of State Governments.[11]

2019

In 2019, the commissioner received a salary of $127,561, according to the Council of State Governments.[12]

2018

In 2018, the commissioner received a salary of $127,561, according to the Council of State Governments.[13]

2017

In 2017, the commissioner received a salary of $127,561, according to the Council of State Governments.[14]

2016

In 2016, the commissioner received a salary of $125,676, according to the Council of State Governments.[15]

2015

In 2015, the commissioner received a salary of $125,676, according to the Council of State Governments.[16]

2014

In 2014, the commissioner received a salary of $124,676, according to the Council of State Governments.[17]

2013

In 2013, the commissioner received a salary of $124,676, according to the Council of State Governments.[18]

Historical officeholders

Historical officeholders

There have been 17 commissioners of labor since 1887.[19] Of the 17 commissioners, ten were Democratic, three were Republican, one was a member of the Populist Party, and three did not have party information.[20]

List of Historical Officeholders from 1887-Present
# Name Tenure Party
1 Wesley N. Jones 1887-1889 N/A
2 John C. Scarborough 1889-1892 N/A
3 William I. Harris 1892-1893 N/A
4 Benjamin R. Lacy 1893-1897 Electiondot.png Democratic
5 James Y. Hamrick 1897-1899 Populist Party
6 Benjamin R. Lacy 1899-1901 Electiondot.png Democratic
7 Henry B. Varner 1901-1909 Electiondot.png Democratic
8 Mitchell L. Shipman 1909-1925 Electiondot.png Democratic
9 Franklin D. Grist 1925-1933 Electiondot.png Democratic
10 Arthur L. Fletcher 1933-1938 Electiondot.png Democratic
11 Forest H. Shuford 1938-1954 Electiondot.png Democratic
12 Frank Crane 1954-1973 Electiondot.png Democratic
13 William C. Creel 1973-1975 Electiondot.png Democratic
14 Thomas A. Nye, Jr. 1975-1977 Ends.png Republican
15 John C. Brooks 1977-1993 Electiondot.png Democratic
16 Harry E. Payne, Jr. 1993-2001 Electiondot.png Democratic
17 Cherie K. Berry 2001-2021 Ends.png Republican
18 Josh Dobson 2021-2024 Ends.png Republican
18 Kevin O'Barr 2024-Present Electiondot.png Democratic

Recent news

The link below is to the most recent stories in a Google news search for the terms North Carolina Commissioner of Labor. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Contact information

Physical address:
4 W. Edenton Street
Raleigh, N.C. 27603

Mailing address:
1101 Mail Service Center
Raleigh, N.C. 27699-1011

Phone: 1-800-625-2267
Legal email: [email protected]
OSH email: [email protected]

See also

North Carolina State Executive Elections News and Analysis
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External links

Footnotes

  1. 1.0 1.1 N.C. Department of Labor, "Meet Labor Commissioner Josh Dobson," accessed Feb. 2, 2021
  2. 2.0 2.1 2.2 2.3 2.4 2.5 N.C. Department of Labor, "About NCDOL," accessed Feb. 2, 2021
  3. 3.0 3.1 3.2 3.3 3.4 North Carolina State Legislature, "North Carolina State Constitution," accessed Feb. 1, 2021
  4. Justia, "NC Gen Stat § 95 (2019)," accessed Feb. 2, 2021
  5. N.C. Department of Labor, "Administration Division," accessed Feb. 2, 2021
  6. N.C. Department of Labor, "Occupational Safety and Health Division," accessed Feb. 2, 2021
  7. N.C. Department of Labor, "Standards and Inspections Division," accessed Feb. 2, 2021
  8. North Carolina General Assembly, "House Bill 259," accessed December 6, 2023
  9. Council of State Governments, "Book of the States 2022 Table 4.11: Selected State Administrative Officials: Annual Salaries," provided to Ballotpedia by CSG personnel
  10. Issuu, "The Book of the States 2021," accessed September 28, 2022
  11. Issuu, "The Book of the States," Sept. 30, 2020
  12. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2019," accessed Jan. 27, 2021
  13. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2018," accessed Jan. 27, 2021
  14. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2017," accessed Jan. 27, 2021
  15. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
  16. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
  17. Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed December 3, 2014
  18. Council of State Governments, "Table 4.11 Selected State Administrative Officials: Annual Salaries," accessed January 31, 2014
  19. Benjamin R. Lacy (D) served two non-consecutive terms.
  20. Carolana.com, "Commissioner of Labor," accessed Feb. 2, 2021