Patterson Harkavy has a long history of fighting on behalf of employees who aren’t being paid what they are owed. Our employment attorneys advocate for fair wages for employees across North Carolina who are paid less than they earned, or less than minimum wage.
If you believe you have been shorted wages you are entitled to, contact us to see if we can help.
Employees sometimes have difficulty getting paid what they are owed. Wage and hour disputes often arise when an employer does not pay an employee wages they earned, when an employer pays less than the minimum wage, or when an employer fails to pay overtime when an employee works more than forty hours per week.
There are two primary laws that protect your rights in wage and hour disputes: the federal Fair Labor Standards Act and the North Carolina Wage and Hour Act.
The Fair Labor Standards Act (FLSA) establishes the minimum wage, overtime pay provisions, child labor protections, and record keeping requirements for most private sector and government employers. These standards apply to both full-time and part-time employees.
FLSA requires that covered employers pay their employees at least $7.25 an hour. Employers sometimes violate this provision by requiring employees to clock out, but continue working. In other instances, companies violate FLSA by failing to pay employees for all hours worked, such as for on-call hours, hours spent for mandatory training, or hours spent commuting between job sites.
FLSA also requires certain categories of employees to be paid time-and-a-half for hours worked in excess of 40 per week. Employees entitled to overtime compensation are often called “non-exempt” employees. The fact that an employee receives a salary does not necessarily mean they are exempt from receiving overtime pay. In fact, salaried lower level managers have often been found to be eligible for overtime payments.
Employees who believe that they have not been properly paid overtime or the minimum wage should consult with an employment lawyer to determine if they qualify for wage and hour protections.
The North Carolina Wage and Hour Act (NCWHA) establishes protections that are in some ways more robust than those created by FLSA. For example, while FLSA establishes the minimum wage, the NCWHA requires employers to pay all agreed-upon wages, tips, and bonuses when they come due. Even employees who earn significantly more than the minimum wage may have a claim under the NCWHA if their employer fails to pay them what they are owed, or attempts to change their rate of compensation without advance notice.
You have a right to be paid a fair wage for your work. Patterson Harkavy’s employment attorneys have successfully helped workers recover unpaid wage and hour compensation and overtime pay from employers seeking to cut corners on the state or federal wage laws. If you believe you are being illegally shorted on your pay, call Patterson Harkavy toll free at 1-800-458-2541 or contact us online today.