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Overtime Payment for Hours Worked Over 40 Per Week – Raleigh Wage and Hour Attorney


Employers oftentimes misclassify employees as exempt from overtime when they are not allowed. The Wage and Hour attorneys at Maginnis Law handle cases ranging from individual claims to collective or class action cases involving multiple employees. If you or your fellow employees have not been paid all of your overtime wages, contact the attorneys at Maginnis Law, PLLC at 919-960-1545 for a free consultation regarding your rights as an employee.

The three most likely categories wage and hour requirements that are violated include unpaid wages, unpaid overtime wages and a failure to meet minimum wage requirements. These are governed by both North Carolina Wage and Hour Law and by Federal Law, the Fair Labor Standards Act. Both are important statutory guidelines for employees.

The Fair Labor Standards act requires workers to be paid at a rate at least one and one half times their regular hourly rate for all hours worked over 40 per week, whether you are salaried or hourly. There are many exceptions to this rule so it is important to talk to an attorney about your rights as an employee.

As a general rule, unless exempt, employees must be compensated for any time spent working for their employer. This is true whether you are paid on salary or by the hour. This includes work performed before the employee is clocked into the job or after the employee is clocked out, as well as work performed away from the company. Employers cannot make you to exchange overtime pay for personal days and other benefits. Employers are not allowed to have meetings “off-the-clock.” If you work over 40 hours in a week, you are entitled to receive overtime pay for those extra hours. If your employer has not paid you overtime to which you’re legally entitled, we can help you enforce your rights.

In some instances companies ignore Federal and State overtime laws. The following are guidelines to help you determine if you are not being fully compensated for your overtime work:

–          If your are requested or required to work “off the clock;”

–          If your employer alters your time sheet to below 40 hours per week, even though you worked overtime;

–          If you are automatically clocked out for breaks and lunch, whether you take them or not;

–          If you are denied overtime because it was not approved in advance by your manager or supervisor even though you worked those hours;

–          You are only paid your regular hourly wage for overtime without additional compensation;

–          If you are told to put your hours down on the following week or granted comp time for your overtime hours instead of overtime pay;

–          If you are not paid for getting ready for work or for cleaning up your work space after work, even though it is a requirement of the job;

–          You are paid less than the minimum wage of $7.25/hour;

While these are just examples, any similar methods by your employer to not pay overtime may entitle you to fair compensation. If you believe you have been unfairly paid, contact unpaid wage and overtime lawyer Karl S. Gwaltney at 919.960.1545 for a free consultation regarding your rights or submit a confidential new case inquiry here. Karl S. Gwaltney is an attorney at Maginnis Law, PLLC handling employment cases dealing with unpaid wages and overtime throughout Wake County, Cary, Apex, Durham, Vance County, and Henderson. The firm takes certain wage and hour/overtime cases throughout North Carolina, particularly when groups of workers are involved. Contact the firm to discuss your overtime claim today.

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