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Termination Following Complaints to Supervisors Regarding Overtime/Minimum Wage — North Carolina Overtime Attorney


Recently, Federal Courts have determined that terminations following internal complaints regarding overtime or minimum wage, as long as the internal complaints were sufficiently clear and detailed, are protected under federal law.  The Complaints can be oral or in writing and do not have to be filed with a local Department of Labor or Wage and Hour office.  If you are an employee who was terminated from a business in retaliation by a supervisor for complaints about minimum wage or overtime, contact the civil employment litigation firm of Maginnis Law, PLLC at 919.526.0450 or submit a new case inquiry here.

Federal Statutes like the Fair Labor Standards Act are designed to ensure that employees receive an appropriate wage for their work.  The Fair Labor Standard Act, or FLSA, establishes minimum wage, overtime pay, recordkeeping and youth employment requirements for government employees and workers in the private sector for individual companies.  FLSA also protects employees from retaliation by their bosses for terminations after complaining about conditions that violated FLSA, such as a failure to pay overtime to non-exempt employees or a failure to pay minimum wage where appropriate.

FLSA frequently applies in situations where employers have declared employees to be “exempt” from overtime or minimum wage laws when they should not be.  Some examples of recent FLSA cases include loan officers at banks being refused overtime because of inaccurate applications of “outside sales” exemptions and wait staff not being paid minimum wage after being asked to perform non-tip related duties.

The Federal Fourth Circuit Court of Appeals, which covers North Carolina, has held that complaints do not have to be filed with the Department of Labor for them to be covered by the anti-retaliation provisions of FLSA.  The complaints about overtime or minimum wage must simply put the employer on notice that the employee is asserting their rights protected by federal wage and hour laws.

If you are an employee who was terminated after voicing a complaint about overtime, minimum wage, or recordkeeping conditions, contact the overtime lawyers at Maginnis Law, PLLC.  Maginnis Law is a Raleigh civil litigation firm with attorneys handling cases in Cary, Apex, Wake Forest, and the rest of the Research Triangle area, including the surrounding counties of Franklin, Vance, Johnston, Chatham and other counties covered by North Carolina’s federal courts.  Contact the firm at 919.526.0450 to schedule a free consultation with an employment litigation attorney or submit a new case inquiry here.

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