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Wage and Hour Litigation

Raleigh Durham Wage & Hour Litigation

Experience Makes a Difference in Wage Cases

The Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) govern the payment of wages and benefits for workers.  The FLSA includes the requirements of a minimum wage ($7.25 per hour as of July 24, 2009) and overtime pay (one and on-half times the normal rate of pay) for employees who work more than 40 hours per week.  The NCWHA includes additional requirements regarding timeliness of wage payment, wage payment after termination of employment, vacation pay, and withholding of wages.

Despite these strict and seemingly simple requirements, employers often fail to comply with the law.  While some employers intentionally bend or ignore the rules, others violate the law because of its many exceptions and complexities.  Employees whose employers fail to meet the requirements of the FLSA and the NCWHA may sue to collect the wages they are owed.  Employees may also be entitled to receive double the amount of unpaid wages owed.

Wage and Hour Disputes

Wage and hour disputes occur frequently in the workplace and can involve a wide range of scenarios, including refusal to pay overtime or minimum wage, failure to pay vacation pay, withholding of wages, nonpayment of commission, and violation of the compensation terms of an employment agreement.  Another common dispute involves the misclassification of employees’ legal status as nonexempt employees, exempt employees, and independent contract employees.  Each class brings with it certain rights relating to overtime pay, base pay, and other wage and hour concerns.  For example, employees are often misclassified as exempt salaried workers rather than nonexempt workers to avoid paying overtime.

The United States Department of Labor (USDOL) has published helpful information about the FLSA.

The North Carolina Department of Labor (NCDOL) has published helpful information about the NCWHA.

Protecting Employee Rights

If you have a wage and hour dispute with your employer, let the experienced attorneys at GMFM fight to protect your rights.  CONTACT US for an evaluation of your case.

Client Testimonials

“I very much enjoyed meeting and working with Bill Mills on a fairly difficult and complicated matter. He showed a tremendous amount of sensitivity, understanding, compassion and patience during the times that we really needed it. Bill was very knowledgeable, confident, and resourceful. He was also extremely thorough, open, honest, and persistent in his efforts. Bill did not leave any stone unturned which made it possible for us to have a successful outcome. I highly recommend using Bill Mills and his firm.”

- Robert James

“Bill Mills is a fantastic trial attorney and the consummate professional. He is a tireless advocate, always well prepared, and genuinely cares about each and every client. I have had the privilege to co-counsel with Bill on two major cases, both of which resulted in excellent recoveries for our clients. Bill is a delightful person and a  pleasure to work with. I look forward to our next case together.”

- Irv Cantor, Attorney in Richmond, Va.

“I came to Glenn, Mills, Fisher, and Mahoney with an extremely difficult legal dilemma that seemed impossible to resolve fairly and favorably. I was completely floored–and relieved beyond belief–when Carlos Mahoney called the next day to let me know that he had found a way out of the morass. It was a brilliant solution. Mahoney and his assistant made a truly awful situation much easier to deal with because of the integrity which they brought to the work. They answered all my questions promptly. They never dropped the ball, and were always up to date on the issues when I called, which was no small feat, since the matter had many moving parts and extended over several years. Through it all, Mahoney offered truly wise counsel, making sure that my emotions did not get in the way of my interests. He also guided the case toward a conclusion that was far better than I ever hoped or imagined. I cannot recommend the firm more highly.”

- Laura Edwards