Should You Be Paid Overtime or Minimum Wages? The Various Ways Employers Avoid Paying – North Carolina Employment Attorneys

April 21, 2015

Employers avoid paying overtime or minimum wages to employees using a variety of methods. If a person is not an employee of a business but is instead a independent contractor, that person is not entitled to minimum wages or overtime. A person can also be “exempted” from overtime or minimum wage requirements through various federal regulations set forth in the Fair Labor Standards Act. However, just because an employee is labeled a certain way by their employer does not mean they are lawfully being compensated. To speak with an employment attorney about overtime and minimum wage laws, contact Maginnis Law, PLLC at 919.526.0450 or send a confidential email to our contact page. Read more

Employees Must Be Compensated For All Wages – North Carolina Unpaid Bonus and Commission Attorneys

April 9, 2015

The North Carolina Wage and Hour Act protects employees from more than just paycheck violations. This Act ensures an employee is paid all “wages” owed from an employer. If you are owed wages, bonuses, or commissions, contact Maginnis Law, PLLC for a free consultation regarding your rights. North Carolina wage attorney Karl S. Gwaltney can be reached at 919.526.0450 or at kgwaltney@maginnislaw.com Read more

Overtime and Minimum Wage Exemptions under the Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWAHA) – North Carolina Unpaid Overtime Attorneys

April 7, 2015

All employees are either “exempt” or “non-exempt” under the North Carolina Wage and Hour Act and the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid minimum wages and overtime compensation while non-exempt employees do not need to be paid overtime, and depending on the exemption, minimum wage. Contrary to popular belief, just because an employee is paid a salary does not mean the employee is not owed overtime. Read more

Determining Number of Hours Worked by an Employee for Minimum Wage or Overtime — Raleigh Unpaid Wages Lawyer

March 31, 2015

The North Carolina Wage and Hour Act and Fair Labor Standards Act require employees to be paid at a rate not less than minimum wage for each hour worked. Employees are required to be paid overtime at a rate of not less than one and one half of the employee’s regular rate for each hour worked in excess of 40 in a workweek. Complications often arise when determining how many hours an employee actually worked in a workweek. Read more

Employers, employees, or independent contractors – which are you? — Raleigh Unpaid Wages Attorney

March 27, 2015

The North Carolina Wage and Hour Act was enacted at the same time as the federal Fair Labor Standards Act. Both laws address employee and employer rights and responsibilities regarding wages and paychecks. An employee is entitled to minimum wage and overtime at a rate of one and a half times the employee’s regular rate. However, independent contractors are not entitled to wage and hour protection, including overtime. If your employer is not paying you minimum wage or overtime by falsely labeling you as an independent contractor, contact overtime attorney Karl S. Gwaltney at 919.526.0450 or email at kgwaltney@maginnislaw.com Read more

Falling Injuries from Ladders/Scaffolding  – Raleigh Construction Site Injury Lawyer

March 23, 2015

Constructions sites are accidents waiting to happen. Heavy equipment and materials, tight deadlines, and dangerous tools and working conditions make construction one of the most dangerous jobs in North Carolina. Even careful and vigilant constructions workers may be injured by someone else’s carelessness or negligence. Common construction site injuries include burns, traumatic brain and head injuries, amputation, impalement, back and neck injuries, slip and falls from scaffolding, roofs, ladders, scaffolding collapses, crane accidents, and falling objects or equipment. Read more

Unpaid Bonuses, Commissions, Vacation Pay, and Other Wages Under the North Carolina Wage and Hour Act – North Carolina Employment Attorneys

March 23, 2015

In many ways, the North Carolina Wage and Hour Act mirrors federal wage laws, including the Fair Labor Standards Act. The North Carolina Wage and Hour Act provides increased protection for employees in a variety of ways. Employers and employees doing business in North Carolina should be wary of the various laws, especially related to bonuses, commissions, vacation pay, or other unpaid wages. If you are owed wages, bonuses, or commissions, contact the attorneys at Maginnis Law, PLLC for a free consultation regarding your rights. North Carolina wage attorney Karl S. Gwaltney can be reached at 919.526.0450 or at kgwaltney@maginnislaw.com Read more

Should Managers and Assistant Managers Be Paid Overtime – Raleigh Unpaid Wages Attorneys

March 23, 2015

North Carolina and Federal law requires employees to be paid overtime for each hour worked in excess of 40 in a given week. However, there are exceptions to these rules that employers often use for managers or assistant managers. Ensuring a company is properly labeling employees as exempt requires a detailed analysis into an employee’s duties, particularly for managers and assistant managers. If you are a manager or an assistant manager of a restaurant, store, or other business establishment, contact wage and hour employment attorney Karl S. Gwaltney at 919.526.0450 or at kgwaltney@maginnislaw.com. Karl S. Gwaltney represents both employers and employees with wage and hour issues throughout North Carolina. Read more

Legal Considerations When Accepting A Draw – North Carolina Wage and Hour Attorney

March 18, 2015

Employers oftentimes enter into a payment relationship with sales agents to assist with cash flow problems.  Since a sales representative’s salary may be sporadic or unpredictable, the employer may set a bi-weekly or monthly income stream, known as a draw. While seemingly helpful for sales agents, employees should be weary of certain legal issues. If you are having a dispute with your employer about unpaid minimum wage, bonuses, commissions, overtime, draws, or any other wage problem contact employment attorney Karl S. Gwaltney at 919.526.0450 or through email at kgwaltney@maginnislaw.com Read more

Call Center Employees Unpaid Wages – Wake County Wage Attorneys

March 16, 2015

Employers are required to pay non-exempt employees a minimum wage of $7.25 per hour and overtime at a rate of “not less than one and one-half times the regular rate at which he is employed.” Employees are required to be paid for all hours worked; employees cannot be permitted to work off-the-clock. Call center or telemarketing employees have been the subject of wage and hour disputes for off-the-clock wage violations. Read more

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