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North Carolina workers are protected by both federal and state laws that ensure fair payment of wages. The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. 201 to 219, is a federal law that requires certain employers to pay a minimum wage and overtime pay. The FLSA also places restrictions on the employment of minors.

The Wage and Hour Act is the state law protection in North Carolina that, in part, sets the state’s minimum wage. As of January 1, 2016, the minimum wage in North Carolina is $7.25 per hour, which matches the federally mandated minimum wage. In cases where an employer violates this law, the employee is sometimes eligible to receive twice the amount they are owed, plus interest. There is generally a 2-year statute of limitations under the FLSA, so it is best to contact a Jacksonville FLSA lawyer as soon as possible. Also, be sure to keep all records related to your employment, the hours you worked and pay. Get in touch with a Jacksonville injury attorney to discuss your options today.

FLSA Specifics

There are some points to keep in mind regarding the application of the FLSA, as the law is not always one-size-fits-all. Many employees are eligible for overtime pay unless an exemption applies, such as the “white collar” exemption for professional occupations. However, an employee who is paid a salary rather than an hourly wage is not necessarily exempt from overtime pay. For workweeks longer than 40 hours, non-exempt employees are entitled to overtime pay of no less than time-and-a-half of regular hourly pay.

First, an employer must have an annual revenue of at least $500,000 to be subject to the FLSA — unless the employer is a hospital, educational institution, or government entity at the local, state, or federal level.

Also, some individuals are not considered “employees” under the FLSA and thus are not subject to the act’s provisions. These include volunteers, independent contractors, and business partners.

Keep in mind that someone’s employer may classify them as exempt from overtime pay when they are not necessarily exempted under the law. Navigating the exemptions can be complicated, so it is helpful to consult with a FLSA lawyer in Jacksonville who can apply the law to their particular circumstance.

Common Violations of FLSA

  • An employer does not classify the time an employee is required to be on-site but is waiting for a task as hours worked
  • An employer knows the employee is working beyond 40 hours, but does not include the additional time in hours worked
  • An employer erroneously classifies an employee exempt from overtime pay
  • An employer fails to include bonuses or incentives for specific shifts of work as regular rate of pay
  • An employer pays an employee off the books in the mistaken belief that this relieves the employer of FLSA requirements

When to Contact a FLSA Lawyer

If you believe you have not been compensated fairly under the FLSA or North Carolina’s Wage and Hour Act, contact a FLSA lawyer in Jacksonville or nearby your location immediately.

FLSA lawyers routinely represent individuals who have been denied proper payment for their hard work. To learn more about how a Jacksonville FLSA lawyer can fight aggressively on your behalf, contact today.