Employers and Independent Contractors and the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) comprises four major requirements: a minimum wage, an overtime standard, restrictions on child labor, and equal pay. These requirements apply to all “covered employees” under the Act. Many employers attempt to get around the strict requirements of the FLSA by labeling employees as independent contractors.  If you are an […]

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 […]

Assistance for Employees Not Receiving Tipped Wages

North Carolina provides generous protections for servers/waitstaff in their rights to receive their tips earned.  Employers cannot take any portion of your tipped wages (other than for a pro-rata share of credit card wages).  Employers are also prohibited from using the tip-credit to avoid fair compensation for non-tipped work, such as cleaning, food preparation, dish […]

North Carolina Wage and Hour Claim for Failure to Pay Minimum Wage

The North Carolina Wage and Hour Act is a law designed to protect an employee’s right to receive fair compensation for his or her work. It is an important safeguard against business owners who fail to take care of their employees. Among its many protections is a provision that requires all employers to ensure their […]