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.