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info@carolinalaw.com
The Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWHA) require employers to pay their workers at least minimum wage. Additionally, employers are required to pay their employees overtime for all hours worked over 40 per workweek. If you believe that you need an experienced unpaid overtime lawyer, contact Maginnis Howard today.
Generally, unless exempt, employees must be compensated for any overtime spent working for their employer. This is true whether you are paid on salary or by the hour. This includes work performed before the employee is clocked into the job or after the employee is clocked out, as well as work performed away from the company. Employers cannot require you to exchange overtime pay for personal days and other benefits. Employers are not allowed to have meetings “off the clock.” If you work over 40 hours a week, you are entitled to overtime pay for those extra hours. If your employer has not paid your overtime wages, we can help enforce your rights.
The Fair Labor Standards Act (FLSA) sets standards for minimum wage, overtime pay, recordkeeping, and child labor that apply to full-time and part-time workers in the private sector, as well as in Federal, State, and local governments. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is responsible for administering and enforcing the Fair Labor Standards Act (FLSA).
The FLSA determines the overtime rate as at least one and a half times an employee’s regular hourly pay rate. It applies when the employee works more than the maximum allowed for their type of employment. For example, an hourly employee whose regular rate is $10 in a 40-hour work week should receive $15 for any hours worked past 40. If that employee works 44 hours, their total compensation would be $460.
Even an employee making a large salary as a “manager” or “supervisor” is not necessarily exempt from overtime pay. Additionally, employees cannot agree to waive their overtime rights. For example, an agreement stipulating that only 8 hours a day or 40 hours per week be counted as work violates the law. If an employee works over 40 hours weekly, overtime must be paid.
Many employers attempt to avoid paying overtime by misclassifying employees as exempt from overtime compensation. FLSA exemptions are applied only to those employees who fall within the “spirit and terms” of the exemption. Therefore, FLSA exemptions are narrowly construed against employers who classify their employees as exempt. The employer must prove the employee is appropriately classified as exempt.
Employers also regularly label employees as “independent contractors” to avoid paying overtime, minimum wages, or other benefits. If an employer is an independent contractor, no employment relationship exists, and no overtime or minimum wage requirements exist. However, employers that attempt to elude the strict requirements of the FLSA and NCWHA by labeling employees as “independent contractors” instead of employees will be treated harshly.
If your employer is not paying you minimum wage or overtime in violation of federal or North Carolina law, contact the unpaid wages attorneys at Maginnis Howard. The firm takes wage and hour/overtime cases throughout North Carolina, often on a contingency basis. That means you do not pay any legal fees unless we recover compensation for you. Contact us today to schedule a free consultation at our Raleigh, Charlotte, or Fayetteville office.