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The federal government enacted legislation governing and protecting federal and state part-time and full-time workers. It is the Federal Labor Standards Act of 1938 (FLSA). The act established and regulates the minimum wage, overtime pay, the 40-hour work week, youth employment protections, and maintaining information for display at the workplace. States can have their own versions of this legislation and may provide increased protections, such as higher minimum wages.

North Carolina has produced the Wage and Hour Act and it is enforced by the state’s Wage and Hour Bureau. The act, also known as the Federal Wage and Hour Law, is enforced by the Wage and Hour Division of the US Department of Labor.

A Burlington FLSA lawyer will have a vast knowledge of these complex regulations and can hold employers accountable for violating them. If you are not being paid the wages you deserve, get in touch with a qualified FLSA attorney who can advocate for you.

Minimum Wage and Youth Employment

North Carolina follows the federally established 40-hour work week, and the current minimum wage is $7.25 an hour. However, the newly proposed legislation would raise the minimum wage to $12 an hour by 2020 and $15 an hour by 2022. Overtime is paid for work in addition to the 40 hours, although different calculations of the hours are permitted. Overtime is not used for salaried employees.

Federal legislation brought an end to the abuses of child laborers, in that people younger than 18 years old have restrictions on how many hours they can work in a work week. But the law does not apply to agriculture and domestic workers.

The number of hours in a minor’s workday and a work week are regulated, including a limit of three hours of work on a school day. Minors cannot work in conditions that are hazardous to health. Young workers must have a youth employment certificate issued by the state. A Burlington FLSA lawyer can defend the rights of working minors as well.

Drug Testing and Employer Restrictions

The FLSA requires employers who conduct drug tests to follow the Controlled Substance Examination Regulation Act. The act does not protect an employee from an action the employer takes if the test is positive.

North Carolina employers in the course of hiring are limited in what they are allowed to know about a prospective employee. An employer is forbidden to ask about an arrest, charge, or conviction that has been expunged from the person’s records. Law enforcement employers are exempt from this rule.

Contact an Attorney

A Burlington FLSA lawyer can help employees who have disputes with employers protect their rights and financial interests. Common issues with companies include having non-exempt workers doing some tasks performed by exempt employees.

Employees who have disputes must begin legal action within two years of the issue occurring or beginning when the issue is discovered. If the deadline is missed, the employee cannot raise the issue at all. A host of other issues are handled under the FLSA, such as sales staff commission issues, calculation of overtime hours, travel pay, vacation time, recovering unpaid wages, and others.  Contact a skilled FLSA attorney who can fight for you.