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The Fair Labor Standards Act (FLSA) comprises four major requirements: a minimum wage, an overtime standard, restrictions on child labor, and equal pay. These requirements apply to all “covered employees” under the Act. Many employers attempt to get around the strict requirements of the FLSA by labeling employees as independent
In North Carolina “domestic violence” has a specific definition and only certain acts are prohibited. You must have a “personal relationship” to be charged with domestic violence. What constitutes a “personal relationship” is defined by statute and is very specific. The conduct that constitutes domestic violence are: (1) Attempting to
Employers are required to pay their employees overtime for any hours worked over 40 each week. North Carolina and Federal law allow for exemptions from the rules for certain employees. Many companies wrongfully attempt to take advantage of these exemptions to avoid paying employees overtime. Mortgage loan officers are oftentimes
The Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWHA) requires employers to pay their workers no less than minimum wage. Additionally, employers are required to pay their employees overtime for all hours worked over 40 hours. Overtime is equal to one and one-half times
Pharmaceutical sales representatives are often denied overtime compensation. Pharmaceutical companies attempt to take advantage of pharmaceutical sales representatives by telling them they are exempt from overtime pay pursuant to the outside sales exemption of the Fair Labor Standards Act or North Carolina Wage and Hour Act. For an employee to
North Carolina and Federal law mandates that employers pay their workers at least minimum wage with the payment of overtime for hours worked over 40 per week. There are certain exceptions to this rule for those in Executive and Administrative positions, including exceptions for employees who have management as their
At its most basic, equitable distribution is the court’s process for dividing property in a divorce. It is used when spouses are unable to divide their property themselves. The trial court has a lot of discretion in deciding on distribution matters, which can lead to troublesome results. The first step
At its core, separation agreements and property settlement agreements are contracts. As such, Wake County courts have invalidated such agreements on the same grounds as other contracts might be invalidated under North Carolina law. If you are in need of having a separation agreement or property settlement agreement drafted or
Frequently workers are asked to work during their unpaid lunch hour for certain tasks without the compensation they deserve. Workers are entitled to compensation for on-duty meal periods. If you are an employee not being paid for meal periods but asked to perform your job duties during an unpaid lunch
Installation, service, and repair technicians work long hours providing services often with little sympathy from a homeowner regarding the wide time ranges given for arrival times for the installers. Typically, companies providing services overbook these installation service and repair workers and the employee is faced with the difficult task of