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Workers are the backbone of America’s society, but, despite that, many are not treated fairly or ethically in their workplaces. Employees are entitled to be paid an agreed upon wage that meets the minimum wage standard while at work. Many employers attempt to circumvent those requirements to increase their profits at the expense of their employees. If you believe that your employer is not complying with the Fair Labor Standards Act (FLSA) in North Carolina, do not delay in contacting an experienced personal injury attorney for a case consultation. A Greenville FLSA attorney can help their client to best understand their rights.

Fair Labor Standard Act

Under FLSA, employers are required to pay employees the established minimum wage rate of at least $7.25 per hour. It has also set forth overtime pay requirements, recordkeeping obligations, and child labor laws. This is applicable for public and private employers, with few exceptions that are primarily for those in civil service positions that are working in safety fields. If an individual is feeling unsure of their rights within the workplace, a Greenville Fair Labor Standards Act lawyer can help.

Employees are classified under FLSA as either exempt or non-exempt employees. Non-exempt employees are hourly employees that are entitled to overtime pay, which is one and a half times their hourly rate, once they exceed 40 hours weekly. Exempt employees receive an annual salary, regardless of the number of hours worked weekly and are not entitled to overtime pay. Employers that do not comply with FLSA are subject to payment of all wages owed, civil penalties, and may be prosecuted in criminal court if the noncompliance is willful.

Common Avoidance

Greenville Fair Labor Standards Act lawyers have seen cases where employers that intend to violate FLSA often do so by misclassifying employees. Executive or supervisory employees, employees in administrative positions, and professionals that meet certain requirements are classified as exempt employees. One of those requirements is that exempt employees must earn, at least, $455 weekly, regardless of sales.

In an effort to avoid compliance with FLSA, employers may misclassify a non-exempt employee as exempt. In determining whether employees are exempt, there is also a consideration of their job duties. Employees with supervisory or managerial job titles, but no supervisorial duties, can be deemed misclassified and the individual can be awarded back pay for hours, including overtime hours, worked.

Working Off the Clock

An employee must be paid for all time that is worked, which prohibits employers from allowing employees to work off the clock. Working off the clock may not be common in every field. However, in some fast-paced and metric heavy positions, it is common for employees to remain after work to perform job tasks. Greenville Fair Labor Standards Act lawyers have been told by their clients that it is because they did not have the time to complete during their regular shift, want to verify the work was completed accurately, or the workload is excessive for the number of hours worked.

In these cases, employers can take an active or passive role in contributing to employees working off the clock or not. Despite an employer’s actual knowledge that employees are working off the clock, a business can be responsible for the employee doing so. Employers are obligated under FLSA to keep detailed time records. They also have a duty to inquire when employees remain at work after hours to ensure that they are paid for hours worked. When an employer becomes aware that an employee has worked without payment, they are obligated to research the issue to ensure that the employee is paid accurately for any time worked.

Contacting a Lawyer

If you have reason to believe that your employer is not paying you the full wages that you are owed, then make sure to get in touch with a Greenville Fair Labor Standards Act lawyer who will examine your case, make sure that your rights are protected, and fight for you to get all the money you are entitled to.