Kinston FLSA Lawyer
All workers deserve a fair wage for their labor and common-sense protections for their safety. Unfortunately, not all employers adhere to the regulations in place. The Fair Labor Standards Act is the federal law dealing with fair labor. The North Carolina has enacted a similar statute called the Wage and Hour Act. These laws designate the standards for fair wages, overtime, youth labor, promised wages, and recordkeeping requirements.
Both the FLSA and its parallel law North Carolina apply only to businesses making $500,000 or more a year. If you or your loved one were the victims of unfair labor practices, an experienced Kinston FLSA attorney may be able to help. Contact a Kinston attorney right away to begin your claim.
Minimum Wage and Overtime Pay
The minimum wage in Kinston, North Carolina is $7.25 an hour. Overtime is required for workers putting in more than 40 hours per week, with some limited exceptions.
Salaried workers such as managers, executives, supervisors, and administrative employees are typically exempt from this requirement, but other workers may still be owed overtime. Sometimes, employers will simply consider an employee as a salaried worker and then refuse to pay them overtime, but this is not always allowed. When calculating overtime, employers may not use a two-week pay period as the guide. Each work week of 40 hours requires overtime pay when the employee puts in more than 40 hours that week.
An experienced Kinston FLSA attorney could advise as to whether a worker’s rights have been violated.
Youth Workers in Kinston
Minors under the age of 18 must obtain a work permit in order to be legally employed, and their hours are restricted. Work permits are not typically issued to minors under the age of 14, and 14 and 15-year-olds are required to have a 30-minute break after five hours of labor. Adults are not required to have a rest break.
Holiday and Vacation Pay
Holiday pay is not required, but once an employer decides to offer holiday pay, they typically must offer it to all same-status workers. It is permissible for employers to designate benefits based on whether an employee is full-time or part-time, but they must issue a written policy explaining what constitutes a full-time employee so that workers are aware of their rights and benefits.
No vacation pay is required, but with both holiday and vacation pay, employers must put their policies in writing so employees may clearly understand how the benefits will be earned and administered.
Earned vacation pay usually must be paid out when a worker resigns or is fired, unless the vacation policy has a clause clearly stating that vacation pay will not be paid out in the event the worker is no longer employed with the company.
Any workers with disputes over benefits who have been fired or left their job should consult with an experienced Kinston FLSA attorney as soon as possible.
Filing a Complaint with the North Carolina Labor Agency
The North Carolina Wage and Hour Bureau accepts complaints about employers who have not lived up to their requirements under the law. However, it is still a wise idea to have an experienced FLSA attorney working on behalf of the employee to ensure their complaint is thorough and convincing.
FLSA attorneys can also help workers with disputes regarding drug testing, privacy, termination, and other matters.
Talk to a Kinston FLSA Attorney Today
In any kind of wage dispute or labor issue, an experienced Kinston FLSA attorney could work to protect your rights and ensure you receive the compensation you deserve. To schedule a consultation, call today.