Wage and Hour Claims
North Carolina and South Carolina have statutes which protect employee’s pay. In addition, the federal government enacted the Fair Labor Standards Act ( FLSA ) to protect workers against violations of their rights to minimum wage and overtime pay. The FLSA also requires employers to keep accurate records of the time employees work as well as the wages paid to employees. Under the FLSA, workers who question or complain about their wages are protected from retaliation by their employer.
If you believe you have not been paid correctly by your employer, the Law Offices of Jason E. Taylor is available to help you recover what is owed to you.
Common Violations of the Wage and Hour Laws
Even if You are Paid a Salary You may be Entitled to Overtime
Many employers tell employees they are salaried and not entitled to get paid overtime. Employees need to be aware that the exemptions to the overtime laws are very narrow. Employers frequently abuse the FLSA overtime exemptions and misclassify employees as exempt from overtime. Common overtime violations include:
Independent Contractor Abuse
A common abuse in the workplace is the growing trend to misclassify employees as independent contractors. Employers do this to deny workers overtime wages, deny workers insurance and other benefit coverage and shift the burden of paying state and federal employment taxes onto their workers. There are strict tests that must be satisfied to treat someone as an independent contractor. If you are classified as an independent contractor but you go to work every day to the same site of employment, your boss provides all your tools or supplies, dictates and directs every aspect of how you perform your work, and you work long hours, you could be misclassified and be entitled to overtime compensation.