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Wage and Hour Basics in NC

Posted by attorney David Henson

"Wage & Hour" refers to the laws that require employers to pay their workers at least minimum wage, and a premium rate for overtime. In this video, managing partner David Henson discusses what you need to know about Wage and Hour law to make sure you are not missing out on wages you may have earned. Today, the federal "Fair Labor Standards Act" and North Carolina's "Wage and Hour Act" ensure that non-exempt employees are paid at least the minimum wage rate, and that those who work more than forty hours a week are compensated at a premium rate.

For example, if your employer asks or requires you to arrive early for your shift, OR if your employer has you clock out before you have finished cleaning up or wrapping up for the day -- that is illegal. You must be paid for all of the work that you do for your employer, regardless of whether that work is done during your assigned shift, or before or after your shift. If you work from home (but off the clock), and your employer knows about this extra work, then you must be paid for it. This is true for all hours you work, and it is certainly true for overtime hours. It is illegal for an employer to avoid paying you overtime simply by saying "I did not approve that work." If you do the work, and your employer benefits from you doing extra work, then you must be paid for your time, unless you fall into a specific examption or exception under the law.

David S. Henson- HensonFuerst Attorneys- 2501 Blue Ridge Road, Raleigh, NC 27607

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