Wage and Hour Disputes

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.

Read Wage and Hour related articles

Workers’ Rights During a Layoff Where The Employer Files For Bankruptcy

The economic and social impact of COVID-19 has been devastating to our global workforce. With unprecedented mass layoffs and furloughs, millions of people are at risk of losing their livelihoods and falling into extreme poverty because of employer bankruptcy. Upon notice of a company’s intention to file for bankruptcy, it is crucial to determine what options may be available to an employee wanting to protect their claims against their employer. Here are action steps to protect yourself when facing a layoff because of company bankruptcy.

Employees Asked to Take Pay Cut When Headed Back to Work After COVID-19

As businesses start opening up and employees are going back to work, some are being asked to take a significant pay cut in order to keep their job. If you’re asked to take a substantial wage cut, what protections are in place in North Carolina to protect your pay?

Josh Van Kampen Quoted in Law360 Article on New Overtime Rule

The U.S. Department of Labor’s newly proposed rule to expand overtime pay protections won plaudits from worker advocates, but some management-side lawyers warned the final version could contain changes to the duties tests for overtime eligibility.