In many cases, a worker will not receive credit for hours worked. Overtime work goes unrecognized or is denied outright. Employees are forced to work “off the clock” or are pressured into situations where the hours they work are not correctly reflected in their paychecks.
Are you a salaried worker who has been led to believe that you are never entitled to overtime pay? Are you under the impression that you must consistently work extra hours without pay?
If you are an exempt employee, your employer does not have to provide you with overtime pay. However, employer denials of overtime benefits are often based on employee misclassification, a practice that incorrectly labels you as an exempt employee (not eligible for overtime) when you actually are legally entitled to overtime. Putting an employee on salary does not mean that employee is not entitled to overtime because the employee’s job duties are an integral part of the determination of eligibility for overtime. The Angel Law Firm carefully analyzes the true nature of your work and job duties to determine if indeed you should have been considered exempt.
If you are being denied a promised wage, including overtime or work performed for the minimum wage, you may need to contact the North Carolina Department of Labor (DOL). However, if your employer has an annual dollar volume of $500,000 or more, then the North Carolina Wage and Hour Act may not apply, and you will have to go to the U.S. DOL to take advantage of the wage and hour act known as the Fair Labor Standards Act (FLSA). Keep in mind that neither agency is your advocate. Only an attorney will be your advocate. That is why you should consult with an experienced attorney before contacting either the NC or US Department of Labor.
If you have been denied overtime, or the employer is not paying you what you were promised, you can call our office nearest to you or click the button below to schedule a consultation.
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