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May 16, 2022
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Do you believe your employer has wrongfully denied you of your overtime wages? Federal and state laws legally mandate that employers pay their nonexempt employees for overtime hours they’ve worked in addition to the regular 40-hour workweek. If you feel you qualify for overtime hours and your employer has yet to pay you, we have qualified overtime lawyers who can work with you to discuss potential steps so you can pursue legal action and receive the compensation you’re owed.
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How Do I Know if I'm Eligible To Receive Overtime Pay in Charlotte?
To determine whether you’re eligible to receive overtime pay in Charlotte, you need to know if you’re an exempt or nonexempt employee. Most salaried employees are exempt, meaning they’re not entitled to overtime pay even if they work over 40 hours a week. To be qualified as exempt, employees typically earn a paycheck higher than $684 per week and receive a set amount each week. However, the way you are paid does not control, to be exempt from overtime pay, the job duties you perform must satisfy one of the overtime exemptions found in federal law. For example, exempt positions include jobs that involve supervising a team or department, positions that demand specialized knowledge, and jobs that require an advanced degree.
On the other hand, if you’re a nonexempt employee, the state requires your employer to provide you with overtime pay if you work over 40 hours each week. Nonexempt employees typically earn less than $684 each week, and don’t have a set amount of money they take home each week. The following types of employees often qualify as nonexempt:
- Restaurant employees.
- Call center employees.
- Home health care employees.
- Retail employees.
- Contract employees.
- Freelance employees.
- Construction working foreman
What Is the FLSA and How Can Wage and Hour Attorneys in Charlotte Help Navigate It?
The FLSA is a federal law that mandates overtime pay for employees who work over 40 hours per week. The law states that employers covered by the FLSA must legally pay those employees 150% of their normal hourly wages for every hour they work beyond the normal 40.
Under FLSA, there are two tests an employee must pass to classify as nonexempt. The first test is the duties test, which assesses the type of work an employee performs. This is important as sometimes employers provide an employee with a title that doesn’t accurately reflect their duties, and then that employee becomes exempt from receiving overtime, even though their daily duties don’t match the job title. The second test is the salary test, which determines whether a person is guaranteed a fixed amount of income each week.
Hiring an overtime attorney in Charlotte can help you better understand the federal and state laws and determine whether you qualify as a nonexempt employee. If so, they can also assist you in the next steps in the process so you can get the money you’re owed.
Can I Get Overtime Pay in Charlotte Even if I'm Exempt?
If you’re a salaried employee, you may be entitled to collect overtime pay. Employers sometimes violate the FLSA guidelines and misclassify employees as exempt from overtime pay even though according to the FLSA, they qualify to receive it. Common overtime violations from employers include:
- Working foreman: Some employers give their employees a work crew for the week and grant them the title of “supervisor” so that they only have to pay them a flat salary each week. However, if that employee spends the majority of their day doing the same work as their crew, they might qualify to receive overtime pay because they’re not actually fulfilling the duties of a supervisor.
- Managers and assistant managers: Oftentimes, managers and assistant managers in retail stores aren’t actually in charge of other employees as their primary responsibility. Employers sometimes give the employees those titles to avoid the requirement of paying them overtime even when they work 50 or more hours a week.
- Administrative assistants: Employers give some employees the title of administrative assistant simply because they’re working in an office environment. However, if they don’t have decision-making authority or aren’t responsible for at least two other employees, their employers may be violating FLSA guidelines.
- Computer technicians: Occasionally, employers treat employees as exempt from overtime pay because they work with computers. Unless their primary duty is software engineering or systems analysis, they might still qualify for overtime pay.
How Much Money Should I Be Getting for My Overtime Hours?
In Charlotte, employers calculate overtime based on a 40-hour workweek. Nonexempt employees who work over that threshold should receive 1.5 times their normal hourly rate for each hour they work over the normal 40 hours. For example, if an employee normally receives $7.25 per hour and works 52 hours in one week, they will receive overtime pay of $130.56 for the extra 12 hours they worked to account for the time-and-a-half pay rate.
How Much Can I Win in an Unpaid Overtime Case?
If your employer refuses to pay you for your overtime hours, you can hire an overtime attorney in Charlotte to help you prepare your case. If you win, the courts may award you the following:
- Unpaid wages: Your lawyer’s highest priority is to fight for the time-and-a-half wages your employer didn’t pay you for your overtime hours. To increase your chances of winning the case, you’ll need to have documentation that proves the number of extra hours you worked so that the court knows how much to pay you once you’ve won.
- Interest for the unpaid wages: In addition to your unpaid wages, your overtime attorney may be able to secure interest for the extra hours you worked, which further disciplines the employer for not giving you the amount they owed you by law. In addition, interest payments can help make up for the period of time you weren’t receiving your overtime wages.
- Penalties: The federal law offers employees the option to seek penalty pay as well, which can match your unpaid wage award. To qualify for penalties, or liquidated damages, you need to make your employer aware of your intent to sue in writing, and they must ignore your notice.
- Court and attorney fees: You can also seek to gain court costs as well as the fees for your attorney on the grounds that you wouldn’t have had these costs if your employer had paid you for working overtime.
What if I'm Fired for Asking for Overtime Pay?
FLSA makes it illegal for employers to fire you for asking questions regarding overtime pay or for consulting with an attorney to ask questions or file a claim. They also can’t terminate you if you asked them about it and then find out you aren’t eligible. If your employer has terminated you for asking questions or you believe you’re owed overtime compensation, one of the wage and hour attorneys at our Charlotte office may be able to help.
What Are Ways an Charlotte Employer Can Violate Overtime Laws?
Although the overtime laws appear uncomplicated, some employers misread them or misuse them to avoid giving their employees overtime pay. Some of the common violations include:
- Requiring employees to work off the clock.
- Failing to pay time and a half for all the hours an employee worked in addition to the regular 40-hour workweek.
- Insisting employees take comp time rather than being paid for overtime hours.
- Forcing employees to respond to texts or emails while at home and not paying them for the time it takes them to answer the texts or emails.
Are Any Nonexempt Workers Excluded From Receiving Overtime Wages?
Most non salaried, nonexempt workers can receive overtime pay, but there are some exceptions, including:
- Taxi drivers.
- Movie theater employees.
- Railroad workers.
- Truck drivers.
- Domestic service employees, such as nannies.
- Some farm workers.
- Employees working on foreign vessels.
- Some newspaper and delivery employees.
- Some seasonal employees.
- Some broadcasting station employees.
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Contact Our Charlotte Wages Lawyers To Determine Your Options
If you think you’re owed unpaid wages, consider contacting The Law Offices of Jason E. Taylor, P.C. to get more information that can help you determine if you qualify, and if so, the next steps in filing a claim against your employer. We have several lawyers who focus their practice on employment and wage claims who will take on your case and help you obtain the payment you deserve. To take the first step, contact our Charlotte office at 800-351-3008 or complete the online form so we can reach you at your convenience.
301 S McDowell St #1016
Charlotte, NC 28204
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