Fair Labor Standards Act (FLSA)

Unfair Wage Practices Attorneys in North Carolina

Fair Labor Standards Act (FLSA) laws require overtime compensation be paid (at time and one-half) for all "hours worked" over a prescribed "threshold" (typically 40 hours per week), for "nonexempt" employees. FLSA lawsuits typically seek recovery for unpaid or underpaid back wages, plus double damages and attorneys' fees. Recent court rulings have really helped victims recover amounts that they earned. North Carolina companies have been caught abusing workers rights and the practice appears to continue.

Typically, these cases involve unfair wage practices and overtime pay as stated below.

• Many employers, especially processing plants, fail to make a proper payment to their workers for time spent putting clothing and protective gear on and off ("donning and doffing") during the course of the work day.
• Many employers fail to pay a proper amount of overtime pay. Overtime is supposed to be paid at time-and-a-half of your regular rate of pay. So, if you make $10 per hour, you should get $15 per hour for every overtime hour you work in excess of 40 hours per week.
• Many employees are wrongfully denied payment because their employers attempt to claim that they perform management functions. For example store managers, assistant managers, and department managers are many times classified as Executive Exempt in order to keep from paying them overtime. They do not qualify for this exemption, because their primary duty is not management, but is more in line with the duties of hourly employees.
• Companies also attempt to avoid paying proper wages by classifying employees as independent contractors. When classified as independent contractors, companies can avoid paying overtime, training pay, payroll taxes, workman's compensation premiums, unemployment insurance, etc.

We would like to review any case where a worker is classified as an independent contractor but has very little control over his or her work. These misclassifications of employees occur in many industries. We have seen this in the construction industry, delivery services industry, stocking vendors, maintenance crews, food processing plants, and landscaping crews, just to mention a few.

If you or a loved one feel you are a victim of unfair wage practices, you may be entitled to compensation for unpaid or underpaid back wages under federal FLSA guidelines. Call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free 866-772-9960 or submit an online questionnaire. The initial consultation is free of charge. A lawsuit must be filed before an applicable expiration date, so please call right away to ensure that you protect your rights.