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Minimum Wage

Employes Paid With Tips, Bonuses, or Commissions are Entitled to Minimum Wage


The Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act govern the payment of wages and benefits for workers. The FLSA requires employers to pay the minimum wage ($7.25 per hour) and overtime (one and one-half the normal rate of pay) for each hour worked in excess of 40 per week. The NCWHA expands upon the FLSA and includes additional requirements for employers such as timeliness of wage payments, vacation pay, withholding of wages, and record keeping requirements.

One such protection requires all employees to be paid at least the minimum wage for each hour worked. This is true even for employees that are compensated through tips, bonuses, or other commissions. If you are not being paid at least minimum wage for each hour worked, you have the right to file a civil lawsuit to recover your unpaid wages.

Importantly, you may also recover twice the amount of unpaid wages if the employer did not have a good faith basis for denying your wages. A North Carolina judge can also award you attorneys’ fees and other litigation costs. For example, if you are owed $1,500.00 in minimum wages, a judge may award you $3,000.00 plus the fees the attorneys’ fees at our normal hourly rate. Oftentimes, the attorneys’ fees will far exceed the unpaid minimum wages. This greatly benefits employees and may allow the minimum wage and overtime attorneys of Maginnis Law to take minimum wage lawsuits on a contingency basis. This means that you pay no attorneys’ fees until your claim is resolved.

Your supervisors or bosses may be liable separately from the employer if he/she caused the employer to fail to pay minimum wage or overtime. This individual liability oftentimes incentivizes your employer to settle your claims without entering into a lengthy and costly court battle.

If you have a wage and hour dispute with your employer, including unpaid minimum wages or overtime compensation, contact the experienced attorneys at Maginnis Law to protect your rights.  The firm takes certain wage and hour/overtime cases throughout North Carolina, particularly when groups of workers are involved.


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