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The Fair Labor and Standards Act of 1938 (FLSA) is a federal law that protects employees from being underpaid by employers. Durham FLSA attorneys defend employee rights and make sure they are paid for the hours they work and the overtime pay they are owed. There are several ways the FLSA can ensure you receive for back pay and overtime wages you are owed. Contact a skilled injury lawyer today to understand your rights.

FLSA Violations

  • If someone is not paid the North Carolina minimum wage, which is currently $7.25 per hour
  • If they work overtime but are not paid for it. Overtime pay is defined as one and one-half times (1.5 times) someone’s normal hourly rate
  • If they work over 40 hours a week and their employer offers them “comp time” or time off instead of paying overtime
  • If someone is a manager or a salaried employee, and their employer requires them to work more than 40 hours a week without overtime pay
  • If they are asked to work “off the clock” while going to or from work, or during the lunch hour. Making bank deposits, mailing packages from the post office, or delivering items to customers are all tasks the employee must be paid for. If someone is asked to do this type of work, Durham DLSA lawyers can help them recover the back pay owed to them

Parties Covered by FLSA

An employee who is paid a salary instead of an hourly rate may also make claims under the FLSA. Some examples include:

  • A manager with a salary who does the same work as non-managers, but has to work longer hours without overtime pay
  • A salaried employee who works in sales, administration, or another “white collar” position, but is handled as an hourly employee and should be paid for overtime hours.

Can Volunteers and Interns Be Paid Under the FLSA?

In some circumstances, yes interns and volunteers can be paid under the FLSA. For example, when an employer uses unpaid volunteers or interns to do work normally performed by paid employees, the FLSA may require those interns and volunteers be paid.

The facts of each situation will determine the outcome of someone’s claim, and their personal FLSA Lawyer in Durham can evaluate their case and help them understand the rights they are guaranteed in their particular situation.

Can an Employer Punish Employees Who Make Overtime Wage Claims?

An employer may not punish or retaliate against an employee who makes a claim for unpaid wages or overtime wages under the Fair Labor and Standards Act. Skilled lawyers in Durham will advise individuals about what can be considered retaliation and protect their rights if someone finds themselves in this situation.

How a Durham FLSA Attorney Can Help

To file a claim under the Fair Labor and Standards Act, you must meet the time limit set by the law. The claim must be made to the United States Department of Labor. Fortunately, Durham FLSA lawyers can assist you with this process and make sure you are paid for any overtime you deserve. They will work to ensure your claim is presented correctly and within the time limit required by law.