Legal Considerations When Accepting A Draw

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 of certain legal issues. If […]

Do You Work For Tips? You May Be Owed Additional Wages Under NC Law

Low wages and unstable paychecks are common for restaurant employees, hotel employees, servers, and other employees who work for tips. A major factor in low paychecks for tipped employees is an employer’s ability to pay a lower hourly rate for tipped employees. Under North Carolina and Federal wage and hour law, tips received by employees belong […]

Proving Overtime If Your Employer Does Not Keep Records

Employees often work hours in excess of forty (40) hours per week. Even if the employee is entitled to overtime wages (paid at one and one half times their regular hourly rate), employees may be reluctant to assert their right to overtime because they have no records showing that they worked more than forty (40) […]

Nonpayment of Overtime to Mortgage Loan Officers

Employers are required to pay their employees overtime for any hours worked over 40 each week. North Carolina and Federal law allow for exemptions from the rules for certain employees. Many companies wrongfully attempt to take advantage of these exemptions to avoid paying employees overtime. Mortgage loan officers are oftentimes mislabeled as exempt from the […]

North Carolina and Federal Overtime Attorneys

woman sculpture holding scales

The Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWHA) requires employers to pay their workers no less than minimum wage. Additionally, employers are required to pay their employees overtime for all hours worked over 40 hours. Overtime is equal to one and one-half times the regular wage rate. However, […]

Overtime Compensation for Work During Unpaid Lunch

Frequently workers are asked to work during their unpaid lunch hour for certain tasks without the compensation they deserve. Workers are entitled to compensation for on-duty meal periods. If you are an employee not being paid for meal periods but asked to perform your job duties during an unpaid lunch hour, contact the North Carolina […]

On-Call Employees Entitled to Overtime

Many positions require employees to be on-call 24 hours a day, particularly workers such as security guards, maintenance technicians and others who reside at the place where they are on-call.  North Carolina employees who are on-call 24-7 may be eligible for overtime pay from their employer if there are significant limitations in their ability to […]

Employee Status in Overtime and Minimum Wage Cases

Employers often review IRS tax regulations to determine whether or not their workers should be classified as employees or independent contractors.  Case law under the Fair Labor Standards Act tends to reflect that a worker is more likely to be considered an employee for purposes of overtime and minimum wage analysis. If you are a business […]

Terminations Following Complaints to Supervisors – NC Overtime Attorneys

Recently, Federal Courts have determined that terminations following internal complaints (to supervisors or others) regarding overtime or minimum wage, as long as the internal complaints were sufficiently clear and detailed, are protected under federal law.  The Complaints can be oral or in writing and do not have to be filed with a local Department of […]

North Carolina Overtime Attorneys

Often, employers do not pay their employees all wages they are entitled to receive, such as overtime pay as governed by the North Carolina Wage and Hour Act and the federal Fair Labor Standards Act. Employees working more than 40 hours per week must be paid time and one-half of their regular pay, unless specifically […]