The fact that you are paid a salary (rather than by the hour) does not necessarily mean you are ineligible for overtime pay. For example, salaried department store managers and even assistant managers have been found to be eligible for overtime pay through North Carolina wage and hour dispute claims.
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) sets minimum compensation standards and requires certain types of employees to be paid overtime if they work more than 40 hours per week. Unfortunately, the statutes and regulations are vague and cumbersome.
While some employers may intentionally violate this statute, many may not realize when an employee is misclassified as exempt from overtime.In other instances, companies may violate the Fair Labor Standards Act (FLSA) by failing to pay employees for on-call hours or time spent commuting between job sites.
The North Carolina Wage and Hour Act (NCWHA)
The North Carolina Wage and Hour Act (NCWHA) also grants employees in this state several important rights with respect to wages and fringe benefits. For example, an employer cannot reduce an employee’s compensation or commission structure without providing advanced written notification.
The North Carolina Wage and Hour Act also imposes certain requirements regarding the payout of vacation, commissions, and bonuses upon termination. In some situations, employees can also combat denials of pay and benefits by bringing a breach of contract claims.
Filing North Carolina Wage & Hour Claims
If your employer has paid you less than what you were promised or less than what the law says you are entitled to, you should consult with the North Carolina employment law attorneys at Van Kampen Law to determine whether you have a valid filing for a wage and hour claim.