Best Wage & Hour Lawyers in North Carolina

About Wage & Hour Law in North Carolina, United States

Wage and hour law refers to the state and federal rules governing how employees are paid, including minimum wage, overtime pay, tips, meal and rest breaks, and the requirements for recordkeeping. In North Carolina, these rules and regulations are primarily determined by both state law and the federal Fair Labor Standards Act, usually known as the FLSA. These laws establish the basic requirements that employers must follow with respect to paying employees, among other topics. The intent is to ensure employees are compensated fairly for their work and to provide recourse if compensation rules are violated.

Why You May Need a Lawyer

Even though wage and hour rules might seem straightforward, many workers encounter situations where legal guidance is valuable. Some examples include:

• Not being paid for all hours worked, including off-the-clock work or after-hours emails
• Receiving less than minimum wage
• Misclassification as exempt from overtime when you should be earning overtime pay
• Incorrect calculation of overtime pay
• Being denied legally required meal or rest breaks
• Tip pooling issues or improper deductions from tips
• Having unauthorized deductions taken from your paycheck
• Retaliation from your employer after complaining about wage violations

A wage and hour lawyer can help you understand your rights, assist in recovering unpaid wages, advise you on filing complaints with authorities, and represent you if your case cannot be resolved informally.

Local Laws Overview

Wage and hour laws in North Carolina closely follow federal standards, but there are state-specific details worth understanding:

• Minimum Wage: North Carolina’s minimum wage is $7.25 per hour, which is the same as the federal minimum wage. Some exceptions apply to certain student workers, tipped employees, and others.
• Overtime: Employees are generally entitled to 1.5 times their regular pay for hours worked over 40 in a workweek, unless they fall under specific exemptions.
• Tip Credits: Employers can pay tipped employees as little as $2.13 per hour if tips raise the employee’s earnings to at least $7.25 per hour.
• Pay Frequency: North Carolina law requires most employees to be paid all wages due on the regular payday, at least once per month.
• Final Paychecks: When employment ends, the employer must pay all wages due on or before the next regular payday.
• Meal and Rest Breaks: State law requires a 30-minute break for employees under 16 who work more than 5 hours. For adults, breaks are not required by law, but federal requirements might apply in certain cases.
• Recordkeeping: Employers must keep accurate records of wage payments, hours worked, and deductions.
• Retaliation: It is illegal for employers to retaliate against employees for asserting their wage and hour rights.

Frequently Asked Questions

What is the current minimum wage in North Carolina?

The minimum wage in North Carolina is $7.25 per hour, which matches the federal minimum wage. If the federal minimum wage changes, North Carolina’s minimum wage typically changes to match it.

Who is entitled to overtime pay in North Carolina?

Most employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. Some exceptions exist for certain jobs categorized as exempt under the law.

How does tip credit work for tipped employees?

Employers can pay tipped employees as little as $2.13 per hour, provided the combination of wages and tips amounts to at least $7.25 per hour. If not, the employer must make up the difference.

Are meal or rest breaks required for adult workers?

There is no state law in North Carolina requiring meal or rest breaks for employees 16 years of age and older. However, breaks may be required for workers under age 16.

What should I do if my employer is not paying me overtime?

You can start by raising the issue with your employer or human resources. If the problem is not resolved, you may file a claim with the North Carolina Department of Labor or the federal Department of Labor. Legal guidance may strengthen your case.

Does North Carolina have a daily overtime law?

No, North Carolina and federal law only require overtime pay after 40 hours in a workweek, not after a certain number of hours in a single day.

What happens if my employer retaliates against me for complaining about wages?

It is illegal for employers to retaliate against workers for complaining about wage and hour issues or for filing a complaint. You may be entitled to additional remedies if you face retaliation.

How long do I have to file a wage and hour claim?

Generally, you have two years from the violation to file most wage and hour claims under federal law, and up to three years if the violation was willful. State deadlines may vary. It is best to act promptly.

Can my employer deduct money from my paycheck?

Certain deductions, such as for taxes or court-ordered garnishments, are generally permitted. Other deductions must be agreed to in writing and cannot reduce pay below the minimum wage.

What should I do if I am misclassified as exempt or as an independent contractor?

You can challenge your classification by speaking with your employer, filing a complaint with labor authorities, or consulting a wage and hour attorney to explore your options for recovering unpaid wages or benefits.

Additional Resources

If you need further information or wish to file a complaint regarding wage and hour issues in North Carolina, the following organizations can provide assistance:

• North Carolina Department of Labor - Wage and Hour Bureau: Handles state-level wage and hour complaints and provides educational resources.
• United States Department of Labor - Wage and Hour Division: Enforces federal wage and hour laws and investigates complaints.
• Legal Aid of North Carolina: Offers free or low-cost legal services to qualifying individuals seeking help with employment issues.
• North Carolina Justice Center: Provides advocacy and information on workers’ rights, including wage and hour matters.

Next Steps

If you believe your wage and hour rights have been violated in North Carolina, take the following steps:

1. Gather documentation, including pay stubs, time logs, employment agreements, and any written communications related to your pay or hours worked.
2. Contact your employer or human resources department to discuss your concerns. Many issues can be resolved internally.
3. If internal efforts do not resolve the issue, consider filing a complaint with the North Carolina Department of Labor or the federal Department of Labor, depending on the nature of your claim.
4. Consult a wage and hour attorney for advice and representation, especially if your case involves complex issues, misclassification, retaliation, or a significant amount of unpaid wages.
5. Stay organized and keep detailed records throughout the process to support your case.

By understanding your rights and knowing how to seek help, you can ensure you are properly compensated and protected under North Carolina wage and hour laws.