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Maginnis Howard, PLLC’s wage and hour attorneys represent employees unlawfully denied compensation from their employers. Our attorneys are experienced in the various laws governing minimum wage, overtime wages, and other unpaid wages (vacation pay, bonuses, commissions, sick pay, and paid time off), including the North Carolina Wage and Hour Act
The United States Department of Labor defines a sales commission as “a sum of money paid to an employee upon completion of a task, usually selling a certain amount of goods or services.” Commission-based pay is typically used to incentivize employees to work harder, sell more, and, or perform better.
The Fourth Circuit Court of Appeals, which covers North Carolina, South Carolina, Virginia, Maryland, and West Virginia in 2017 ruled in Salinas v. Commercial Interiors that employees of sub-contractors can, in certain situations, be deemed to be employees of the prime contractor/general contractor for the purposes of wage claims under
Is your employer trying to avoid paying an end of year bonus? End of year bonuses are oftentimes the most anticipated and important bonus awarded to an employee. Although employers aren’t obligated to offer bonuses, they are required to follow through when they make these promises. If your bonus is being
Employers avoid paying overtime or minimum wages to employees using a variety of methods. If a person is not an employee of a business but is instead a independent contractor, that person is not entitled to minimum wages or overtime. A person can also be “exempted” from overtime or minimum
The North Carolina Wage and Hour Act was enacted at the same time as the federal Fair Labor Standards Act. Both laws address employee and employer rights and responsibilities regarding wages and paychecks. An employee is entitled to minimum wage and overtime at a rate of one and a half
In many ways, the North Carolina Wage and Hour Act (NCWHA) mirrors federal wage laws, including the Fair Labor Standards Act (FLSA). The NCWHA provides increased protection for employees across the state. However, not everyone is familiar with the law. Knowing your rights regarding unpaid bonuses or other lost wages
Employers oftentimes enter into a payment relationship with sales agents to assist with cash flow problems. Since a sales representative’s salary may be sporadic or unpredictable, the employer may set a bi-weekly or monthly income stream, known as a draw. While seemingly helpful for sales agents, employees should be weary
Low wages and unstable paychecks are common for restaurant employees, hotel employees, servers, and others in the service industry. These employees generally work for tips in North Carolina, allowing the employer to pay a lower hourly rate. Under North Carolina and Federal wage and hour law, tips received by employees
The Portal-to-Portal Act provides that “walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform” is not included in the minimum wage and overtime provisions of the Fair Labor Standards Act. Often, however, traveling field