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 […]

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) […]

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 […]

Overtime Wages for Hours Worked Over 40 Per Week

Employers oftentimes mis-classify employees as exempt from overtime when they are not allowed. The Wage and Hour attorneys at Maginnis Law handle cases ranging from individual claims to collective or class action cases involving multiple employees. If you or your fellow employees have not been paid all of your overtime wages, contact the attorneys at […]

Off Duty, On Duty, and On-Call | Apex Employment Wages Attorneys

Employees are entitled to compensation when “on duty.” This can be difficult to define since employees can be “on duty” if when inactive. For example, truck drivers who have to wait near the job site for goods to be loaded on his truck would be on duty, even though he is not actually working. 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 […]

Can Groups of Employees Pursue Unpaid Wages Claims Together?

It often does not make sense for an individual employee to pursue an unpaid salary or unpaid wages case against their employer or ex-employer because the amount that could be recovered is relatively small; perhaps too small to pay an attorney.  However, Federal laws such as the Fair Labor Standards Act allow groups of employees […]

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 […]

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 […]