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You’re on your way to Harrisburg Park, and a car cuts you off, causing you to get into an accident. Your injuries aren’t severe, but
August 9, 2022
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If you are not getting paid the wages you have earned, you may wonder what your legal options are. In North Carolina, employees who are not paid the wages they have earned may be able to file a lawsuit against their employer. An experienced Concord NC overtime & unpaid wages lawyer at the Law Offices of Jason E. Taylor can help you understand your rights and guide you through filing a claim.
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What Does an Overtime Pay and Unpaid Wages Lawyer Do in Concord, North Carolina?
An overtime & unpaid wages lawyer in Concord, North Carolina, can help you collect overtime pay. Your lawyer can review your case and determine whether you may be entitled to overtime pay, back pay, or other compensation. If you have a valid claim, your lawyer can help you file a lawsuit against your employer.
If you are owed overtime pay, your lawyer can help you recover the wages that you have earned. Overtime pay is calculated at one and a half times your regular hourly rate for all hours worked over 40 in a workweek. In North Carolina, employees who are not paid overtime may be able to file a claim against their employer.
If you are owed back pay, your lawyer can help you recover the wages that you have earned but have not been paid. Back pay may be awarded if you have been wrongly classified as an exempt employee, have not been paid for all hours worked, or have not been paid the correct hourly rate.
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage and overtime pay standards. The FLSA applies to most employers in the United States, including employers in North Carolina.
If you have not been paid the wages you have earned, you may be entitled to file a claim under the FLSA. An experienced Concord NC overtime & unpaid wages lawyer can help you understand your rights and guide you through the process of filing a claim.
North Carolina Wage and Hour Laws
In addition to the FLSA, employees in North Carolina are protected by state wage and hour laws. The North Carolina Wage and Hour Act establishes minimum wage and overtime pay standards similar to those set by the FLSA.
No matter how you are paid, the law in North Carolina gives you specific rights. Each manner of payment is regulated by federal law and the laws of some states. Regulations include:
- Define commission pay
- Paycheck payment schedules
- Establish deadlines for paycheck payments
- Guarantee minimum wage rates
You are entitled to be paid the minimum wage set by law in North Carolina (unless you are exempt.)
The Current Minimum Wage in North Carolina
The current minimum wage in North Carolina is the same as the federal minimum wage, $7.25.
Overtime Pay Requirements
Under North Carolina overtime rules, there are two categories of workers, exempts and non-exempt.
- Exempt Employees are not entitled to overtime pay in NC.
- Precise overtime rules protect non-Exempt Employees.
Exempt employees often include “white collar” workers such as salaried managers and teachers. Non-exempt employees typically include “blue collar” workers such as construction workers and first responders.
Final Paycheck Rights in North Carolina
In North Carolina, if you are fired or laid off, your employer should give you your last paycheck on the next regular payday.
For example, if you usually get paid on the first and fifteenth of every month and quit on October 31, your employer has until November 15 to give you your final paycheck.
What Must Your Final Paycheck Include?
Your final paycheck must include all the wages you earned while working for your employer. This includes:
- Your regular pay
- Overtime pay
- Bonuses and commissions
- Vacation pay (if your employer has a policy that provides for vacation pay)
If you are owed money for unused vacation time, you should receive this money in your final paycheck.
Can Your Employer Withhold Any of Your Wages?
In some situations, your employer may be able to deduct money from your final paycheck. For example, if you damage company property or owe your employer money, your employer can make these deductions.
If you have any questions about whether your employer can withhold money from your final paycheck, contact an experienced Concord NC overtime & unpaid wages lawyer at The Law Offices of Jason E. Taylor.
Are Independent Contractors Protected by North Carolina Overtime Rules?
Independent contractors are not usually protected by the overtime rules established by the FLSA. However, there are some exceptions. For example, if you are an employee misclassified as an independent contractor you may be entitled to overtime pay. The law will look at the “economic reality” of your employment relationship and consider:
- The control the employer has over your duties
- The permanence of the employment relationship
- Whether you are using your own equipment or the employer’s equipment
- Whether the employer employs other workers in the same position but classifies them as employees
Are Breaks Paid in Concord, NC?
Concord, North Carolina, employers are not required to provide meal breaks for employees who are 16 years and older. Employers may provide an unpaid meal break, as long as the employee is free to leave or do whatever they want during the meal break. Otherwise, the meal break must be paid for.
North Carolina also doesn’t require rest breaks for employees 16 years and older. However, if an employer supplies a rest break or breaks, they must be paid breaks. An employer can’t generally deduct those small segments of time.
Who is Covered Under the FLSA in Concord, North Carolina?
The FLSA applies to most employers in the United States, including employers in North Carolina. However, there are some exceptions.
If you are not sure whether your employer is covered by the FLSA, an experienced Concord NC overtime & unpaid wages lawyer can help you understand your rights.
Common Wage and Overtime Violations in Concord, North Carolina
Some common wage and overtime violations in North Carolina include:
- Not paying employees for all hours worked
- Failing to pay overtime
- Misclassifying employees as independent contractors
- Deducting money from employee paychecks without authorization
If you have been the victim of any of these wage and overtime violations, it is important to speak with an experienced Concord NC overtime & unpaid wages lawyer as soon as possible.
How Do I Calculate Overtime in NC?
Overtime in NC is calculated at one and a half times the employee’s regular pay rate for all hours worked over 40 in a workweek.
For example, if an employee works 50 hours in a workweek and earns $12 per hour, the overtime pay rate would be $18 per hour ($12 x 1.50 = $18).
Your lawyer can help you calculate the amount of overtime pay you are owed and file a claim to recover your unpaid wages.
What Are the Penalties for Not Paying Overtime in NC?
The penalties for not paying overtime in NC can be severe. Employers who violate the overtime laws may be required to pay back wages, civil penalties, and attorneys’ fees. Employees who are not paid overtime may also be able to file a private lawsuit against their employer.
What Steps to Take For a Wage Claim?
If you believe your employer owes you money, try to resolve the issue with your employer. Check the company’s employee handbook to find out the process for filing an internal complaint.
If your complaint isn’t resolved with your employer, you may file a wage claim with the North Carolina Department of Labor’s Wage and Hour Bureau. The Bureau receives many complaints and prioritizes older claims, so hire an attorney to help with your claim.
You can also file a lawsuit against your employer in civil court. Before you decide to sue, speak with an attorney to learn more about the pros and cons of this option.
What is the Statute of Limitations for Filing an Overtime Pay or Unpaid Wages Claim in Concord, NC?
The statute of limitations for overtime pay and unpaid wages claims varies from state to state. The statute of limitations is the time period in which a person must file a claim. In North Carolina, the statute of limitations for overtime pay and unpaid wages claims is usually two years but can, in some cases, be three years.
If you believe you are owed overtime pay or unpaid wages, you must file a claim within two years of the date on which the wages were earned. If you do not file a claim within the statute of limitations, you may be barred from recovering the wages you are owed.
What Do I Need to File a Wage Claim in Concord, NC?
If you decide to file an overtime pay claim, it is important to have all the information and documents that may help your claim succeed. This includes:
– Name, address, and phone number of your employer
- Your name, birthdate, address, phone number, email address, and Social Security number
- Pay stubs or wage statements showing how, when, and how much you were paid
- Work hours, shift assignments, and other records that show the hours you worked
- A description of the work you did or do for the employer in question
What Will I Receive If I Win an Overtime Lawsuit in Concord, NC?
If you win an overtime lawsuit, what you are entitled to depends on your case’s circumstances, including unpaid wages, liquidated damages, legal fees, and court costs.
What Will It Cost to Hire a Wage and Hour Lawyer?
At The Law Offices of Jason E. Taylor, we understand that you may be worried about the cost of hiring a lawyer. That’s why we offer free consultations. We also work on a contingency fee basis, so you won’t owe us anything unless we win your case.
What to Expect During Your Consultation?
When you contact our office, we will schedule a free consultation with an experienced Concord NC overtime & unpaid wages lawyer.
During your consultation, we will review the facts of your case and answer any questions you have. We will also explain the legal process and what to expect moving forward.
If you decide to hire us, we will begin working on your case right away. We will gather evidence, build a strong legal argument, and fight to get you the compensation you deserve.
Why You Should Choose the Law Offices of Jason E. Taylor to Represent You?
When you choose the Law Offices of Jason E. Taylor to represent you, we will:
- Fight to get you the full amount of compensation you deserve
- Keep you updated on the status of your case
- Answer all your questions in a timely manner
- Handle all the legal paperwork and communications with opposing counsel
- Investigate your claim and gather evidence to support your case
- Advocate on your behalf throughout the entire legal process
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Contact our Concord Overtime & Unpaid Wages Lawyer Today
If you or a family member is affected by an employment law issue, contact The Law Offices of Jason E. Taylor, P.C. for a free consultation. Our lawyers are experienced with federal and state laws. We can get you the compensation you deserve. We value the attorney-client relationship, and we are available 24 hours a day, seven days a week.
Charlotte Office:
301 S McDowell St #1016
Charlotte, NC 28204
Phone
(704) 981-8668
Toll Free
(800) 351-3008
