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

Factors in Determining Post-Separation Support

March 13, 2015

Post-separation support is a form of financial support generally provided early in a case to ensure a dependent spouse will have their needs met prior to an alimony award. Eligibility for post-separation financial support following a separation may be crucial for a person’s financial security following a separation. The family law and divorce attorneys at Maginnis Law, PLLC can help ensure your financial well-being following a separation from your spouse. Read more

Who is a “Dependent Spouse” and “Supporting Spouse” for North Carolina Post-Separation Support or Alimony Family Law Cases?

March 13, 2015

Post-separation support has been described as temporary alimony. It is financial support paid to a person from a spouse for a specific date or until alimony is determined. Post-separation support or alimony is not awarded in every case. Prior to determining if post-separation support or alimony can be awarded to a person, it must be shown that the person seeking financial support is a “dependent spouse” and the other spouse is a “supporting spouse.” Read more

Willfulness, Good Faith, and the Fair Labor Standards Act and North Carolina Wage and Hour Act – North Carolina Employee Wages and Salary Attorney

March 11, 2015

The Fair Labor Standards Act establishes minimum wage, overtime pay, and youth employment standards. Covered, nonexempt employees are entitled to a minimum wage of at least $7.25 per hour and are entitled to overtime pay of at least one-and-one-half times the regular rate of pay after a 40 hour workweek. North Carolina laws require identical pay practices but North Carolina wage and hour laws have additional standards for record keeping and other pay requirements for an employer. If you/your fellow employees are having a dispute with your employer about unpaid minimum wage, bonuses, commissions, overtime, or any other wage problem contact employment attorney Karl S. Gwaltney at 919.960.1545 or through email at kgwaltney@maginnislaw.com

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The Fair Labor Standards Act: a Valuable Resource For Employees – North Carolina Employee Lawyer

March 10, 2015

The Fair Labor Standards Act is a federal statute that regulates minimum wages, maximum hours, and child labor. The goal of the Fair Labor Standards Act is to secure “a fair day’s pay for a fair day’s work.” The North Carolina Wage and Hour Act essentially mirrors the Fair Labor Standards Act. If you are an employee or worker owed overtime or minimum wages or have filed a complaint with the Department of Labor about your wages or paychecks contact wage attorney Karl S. Gwaltney at 919.960.1545. Read more

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