The Fair Labor Standards Act
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.
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. 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
The North Carolina Wage and Hour Act 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.
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 an employment attorney to determine whether you have a valid wage and hour claim.