State Farm Auto Insurance Claims in Charlotte, NC
If you’ve been injured in an accident in Charlotte due to someone else’s negligence, you’ll likely have to file an auto insurance claim with their
Home > Charlotte, NC > Charlotte Unpaid Wages & Overtime Lawyers
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.
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:
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.
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:
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.
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:
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.
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:
Most non salaried, nonexempt workers can receive overtime pay, but there are some exceptions, including:
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
(800) 351-3008
(800) 351-3008
I’m Jason Taylor. Many of you know me as part of the biker community. Others know me professionally as an injury lawyer. Look, nobody wants to need a lawyer, but when life throws you a curve, you need to lean into it. If you’ve been injured in a car or motorcycle wreck, you need a professional experienced team that fights for your financial recovery. We are your legal team.
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120 3rd St NE
Hickory, NC 28601
Phone: (828) 327-9004
Toll Free: (800) 351-3008
301 S McDowell St #1016
Charlotte, NC 28204
Phone: (704) 676-1093
Toll Free: (800) 351-3008
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Concord, NC 28025
Phone: (704) 787-9419
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Greenville, NC 27858
Phone: (252) 830-4878
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Rock Hill, SC 29730
Phone: (803) 328-0898
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