You Have the Right to Be Paid Properly
The Fair Labor Standards Act sets certain minimum standards for compensation rates and requires certain categories of employees to be paid time-and-one half for hours worked in excess of 40 per week. Many employers (either as a result of financial calculation or lack of familiarity with these laws) violate this statute by depriving employees of overtime. Unfortunately, many employees (and even many lawyers) don’t realize when someone is being improperly denied overtime or other compensation because the statutes and regulations are generally pretty vague and cumbersome.
You should consult with a lawyer to determine whether you are eligible for overtime. The fact that you receive a salary does NOT necessarily mean you are exempt from receiving overtime pay for hours worked in excess of 40. In fact, often salaried lower level managers (such as department managers or even assistant store managers) have been found to be eligible for overtime payment. In other instances, companies violate the FLSA by failing to pay employees for ALL the hours they work, such as on call hours, or hours spent commuting between job sites.
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 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, then you may have a case. At Johnson Groninger PLLC, our attorneys are dedicated to representing employees involved in wage and hour disputes just like yours.
To schedule a confidential appointment to learn about your rights in our Charlotte, North Carolina, office, call 1-800-458-2541 or contact us online today.
Johnson Groninger PLLC is a local and statewide leader in employment law. We have an outstanding reputation for providing thorough, detailed, sophisticated representation –- and for achieving excellent results.
What Every Employer Is Required to Do …
Anyone who wants to hire employees for a business is legally obligated to follow federal and state regulations and to treat those employees in a nondiscriminatory fashion. Employers must:
- Meet all federal and state minimum wage requirements
- Pay non-exempt employees time and a half for every hour of overtime
- Honor promises to properly pay vacation time and sick leave
- Pay commissions and bonuses consistent with terms of written payment plans
- Allow employees sufficient time for breaks, including meal breaks
Class / Collective Action Wage and Hour Lawsuits
Sometimes, large businesses with hundreds or thousands of employees will systematically deprive their employees of the right to fair pay. If you and your co-workers are all being denied pay, you may be able to join together to file a class action lawsuit.
Our lawyers have filed collective actions and all other kinds of wage and hour disputes. We are not afraid to go to trial if your case demands it. And we will provide you detailed counseling to ensure you do not undervalue your case in settlement negotiations.
To schedule a confidential appointment to discuss a potential wage and hour dispute with a lawyer at Johnson Groninger PLLC, call 704-323-7886 or contact us online today.