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Rules regarding working conditions for employees are usually implemented by state governments, but over the past few decades, the federal government has drafted its own labor laws. The Federal Labor Standards Act, also known as the FLSA, establishes the minimum wage and work hour laws of each state, including North Carolina.

Unfortunately, there are many businesses and individuals who choose not to follow these rules, and in turn, deny their workers the compensation and privileges they are entitled to.

If this has happened to you, it is normal to feel confused and angry, but you can take action against your employer and a Charlotte FLSA lawyer can help. Discuss your case with a skilled wage attorney today.

The FLSA and Minimum Wage

In the state of North Carolina, the FLSA requires that all workers, with the exception of those who receive tips, receive a minimum wage of $7.25 an hour. Workers must also be compensated for overtime if they are required to work in excess of 40 hours a week. Having access to a minimum wage ensures that a worker is able to comfortably provide for their family and meet their basic needs, but if they are paid lower than the minimum wage (which is illegal), their standard of living can be grossly jeopardized.

Individuals whose employers pay less than the state minimum wage should contact a Charlotte FLSA lawyer immediately.

Laws Governing Tip Distribution

State law allows employers to pay their workers less than $7.25 an hour if they receive tips. In North Carolina, individuals not covered by FLSA minimum wage laws may be paid $2.13 an hour if they are tipped. The FLSA requires all employers who hire tipped employees to:

  • State the wage (not including tips) that the employee will receive
  • Inform all employees of the FLSA tip credit laws
  • State the amount the employer will credit against employee tips
  • Notify the employee of all their tips
  • Notify the employee that the tip credit cannot exceed the value of all tips

If an employer fails to do this, they must pay the hired employee the state minimum wage or higher. Also, if the amount of employee wages and tips do not meet the minimum wage, the employer must pay the difference. If a worker does not receive their tips, they should consider filing suit with the help of a Charlotte FLSA lawyer.

It is also legal for employers to pool tips if they have multiple employees. However, only tipped employees can be paid out of the pool. For example, waiters and waitresses are not required to pool tips with salaried workers such as dishwashers or cooks.

The FLSA also requires employers to inform their employees about mandatory pool contributions prior to hiring them.

Contacting a Charlotte FLSA Attorney

If you or someone you care about has been denied wages, or you work for an employer who blatantly disregards state and federal employment laws, it is important to hire a Charlotte FLSA lawyer. A knowledgeable attorney can help you better understand your legal options and take your case to court. Contact a determined lawyer who will not stop working until you receive the compensation you are entitled to.