State and Federal laws protect employees from wrongful terminations following internal complaints (to supervisors or others) regarding overtime or minimum wage. Whether complaints are oral or in writing, they don’t even need to be filed with the local Department of Labor or Wage and Hour office. If you are an employee who was terminated from a business in retaliation by a supervisor for complaints about minimum wage or overtime, contact the civil employment litigation firm of Maginnis Law, PLLC at 919.526.0450 or submit a new case inquiry here.
Federal Statutes like the Fair Labor Standards Act (FLSA) ensure that employees receive an appropriate wage for their work. The FLSA establishes minimum wage, overtime pay, record keeping and youth employment requirements for any type of employee. This law also protects employees from retaliation by their bosses for terminations after complaining about conditions that violated FLSA. For example, if an employee complains about an employer’s failure to pay overtime or minimum wage where appropriate.
A frequent violation of the FLSA surrounds how to classify an individual employee. Wrongfully declaring an employee “exempt” to save money is a flagrant violation of labor laws. Some examples of recent FLSA cases include loan officers at banks being refused overtime because of inaccurate applications of “outside sales” exemptions. In another case, wait staff did not receive minimum wage payments for non-tip related duties. Wait staff who can collect tips as a part of their duties are exempt from minimum wage. However, this exception does not apply in circumstances not involving tips.
The Federal Fourth Circuit Court of Appeals, which covers North Carolina, has held that complaints do not have to be filed with the Department of Labor for them to be covered by the anti-retaliation provisions of FLSA. The complaints about overtime or minimum wage must simply put the employer on notice. The employees in these cases are asserting their rights protected by federal wage and hour laws.
Representation for Employees Terminated After Filing Complaints
If you are an employee who was terminated after voicing a complaint about labor violations, contact our firm today. Maginnis Howard is a Raleigh civil litigation firm handling cases across the state of North Carolina. Call us at (919) 526-0450 to schedule a free consultation or submit a new case inquiry here.