Determining Number of Hours Worked by an Employee

The North Carolina Wage and Hour Act and Fair Labor Standards Act require employees to be paid at a rate not less than minimum wage for each hour worked. Employees are required to be paid overtime at a rate of not less than one and one half of the employee’s regular rate for each hour […]

Executive Exemption of the Fair Labor Standards Act

The Fair Labor Standards Act and North Carolina’s Wage and Hour Act requires overtime to paid for any hours worked over 40 per week. There are, however, exemptions to these general rules. One of those exemptions are for Executive employees. The executive exemption covers those employees normally thought of as managers. If you believe you […]

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 […]

Nonpayment of Overtime Wages to Pharmaceutical Sales Representatives

Pharmaceutical sales representatives are often denied overtime compensation. Pharmaceutical companies attempt to take advantage of pharmaceutical sales representatives by telling them they are exempt from overtime pay pursuant to the outside sales exemption of the Fair Labor Standards Act or North Carolina Wage and Hour Act. For an employee to be denied overtime based on […]

Are Managers Entitled to Overtime Pay — Raleigh Wage and Hour Lawyer

North Carolina and Federal law mandates that employers pay their workers at least minimum wage with the payment of overtime for hours worked over 40 per week. There are certain exceptions to this rule for those in Executive and Administrative positions, including exceptions for employees who have management as their primary duty. However, simply having […]

Unpaid Internships Entitled to Minimum Wage and Overtime

With the job market still tight, prospective employees are resorting to accepting unpaid internships where interns are performing tasks that an employee would normally cover. Unfortunately, employers take advantage of the free labor from interns in violation of North Carolina wage and hour laws and the federal Fair Labor Standards Act. If you are an […]

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 […]