Cases will be handled by attorneys licensed in the local jurisdiction. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel. Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Overtime Attorney in Charlotte
If your employer denied you overtime pay, we fight to recover your lost wages and ensure fair compensation for your work.
Cases will be handled by attorneys licensed in the local jurisdiction. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel. Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
North Carolina Personal Injury Lawyers
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Before 1938, American employers took advantage of workers by paying substandard wages and forcing employees to work a considerable number of hours beyond what was then looked at as a typical work week. American workers had no legal grounds to fight their employers for implementing cruel workplace rules, such as requiring employees to work double shifts for several days in a row. The advantage American employers had over employees abruptly ended in 1938 when the United States Congress passed the landmark Fair Labor Standards Act (FLSA).
Considered a foundational law as part of the New Deal that addressed the economic calamity caused by the Great Depression, the FLSA contains numerous provisions that protect American employees against unfair labor practices. The two cornerstones of the FLSA establish a national minimum wage, as well as create the legal blueprint for addressing overtime issues. Despite the good intentions of the FLSA, the national minimum wage has consistently fallen below what many states mandate, as well as has not addressed the especially unpopular legal issue called mandatory overtime.
Despite the provisions written into the FLSA to protect American employees against unfair labor practices, many employers continue to pay substandard wages for both regular and overtime pay. This is especially true for migrant workers who are not familiar with American labor laws. If you work for an employer who does pay you the required rate for overtime pay and/or violates another type of overtime law, you should speak with one of the best overtime lawyers in Charlotte, NC to receive advice on how to proceed with your case. One of the highest-rated overtime attorneys in Charlotte, NC ensures you receive just compensation for putting in extra work during a seven-day workweek.
At Morgan and Morgan, our team of labor attorneys represents clients in a wide variety of employment cases, ranging from discrimination in the workplace to the failure to pay the required wage for overtime work. For more than three decades, we have helped clients recover lost wages, as well as future wages if their employers fired them because they filed an overtime claim. The labor attorney that you hire from Morgan and Morgan conducts a thorough investigation that includes obtaining copies of your employment records.
Schedule a free case evaluation with one of the overtime attorneys in Charlotte, NC from Morgan and Morgan.
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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How does overtime pay work in North Carolina?
North Carolina follows the federal standards set by the Fair Labor Standards Act (FLSA). Under the law, most hourly workers are entitled to receive:
- 1.5 times their regular rate of pay for every hour worked beyond 40 in a single workweek.
- For minimum wage workers earning $7.25 per hour, that means at least $10.88 per hour for overtime.
A “workweek” is defined as 168 consecutive hours, or seven full days. It can start on any day your employer chooses, as long as it’s consistent.
Importantly, there’s no limit on how many hours you can be scheduled, and employers can require overtime. But when they do, they have to pay you for it.
Who’s entitled to overtime, and who’s not?
Not every worker qualifies for overtime pay. Some jobs are considered exempt under the FLSA. Common exemptions include:
- Executive, administrative, or professional roles (typically salaried workers meeting specific criteria)
- Outside salespeople
- Certain IT or high-level creative roles
However, just being salaried doesn’t mean you’re exempt. Employers often misclassify workers to avoid paying overtime. If your job duties don’t match the legal definitions for exemption, you may still be entitled to overtime, even if your employer says otherwise.
What are some common overtime violations?
Employers often violate wage laws in various ways, sometimes without employees even realizing it. Some of the most common overtime violations in North Carolina include:
- Failing to pay for hours worked beyond 40 per week
- Rounding time entries in a way that benefits the employer
- Automatically deducting breaks even when the employee didn’t take one
- Requiring off-the-clock work before or after shifts
- Misclassifying employees as exempt or independent contractors
Whether intentional or not, these practices can result in workers losing hundreds or even thousands of dollars in wages over time.
What can I do if I’m being denied overtime pay?
If you suspect that your employer is violating wage laws, it’s important to document everything. Keep records of:
- Your hours worked (clock-in/clock-out times, shift schedules, etc.)
- Pay stubs and pay rates
- Any communication from your employer regarding your pay or classification
You can report violations to the Wage and Hour Division (WHD) of the U.S. Department of Labor. But the process can be slow, and you may not get the full compensation you’re owed unless you file a private claim or lawsuit.
That’s where an experienced attorney can help.
Why do I need the help of an attorney to file a claim in Charlotte?
Under the FLSA, you typically have two years to file an overtime claim, or three years if the violation was willful. But don’t wait. The sooner you act, the easier it will be to gather evidence and initiate the recovery process.
An overtime attorney can:
- Determine if you’ve been misclassified
- Calculate how much you may be owed
- File a formal complaint or lawsuit on your behalf
- Pursue a settlement or take your case to trial
- Protect you if your employer retaliates
Remember: it’s illegal for your employer to punish you for speaking up.
How can Morgan & Morgan Charlotte help?
At Morgan & Morgan, we know that wage theft doesn’t just affect your paycheck; it affects your livelihood. Our employment attorneys are experienced in overtime and wage violation cases, and we’ve recovered compensation for thousands of workers across the country.
We fight for:
- Hourly workers in retail, food service, healthcare, and more
- Employees misclassified as exempt or contractors
- Workers denied pay for training, meetings, or prep work
- Anyone asked to work “off the clock” without overtime pay
Whether you’ve been underpaid for months or just realized something doesn’t add up, our attorneys can help you understand your rights and take the next step toward recovery.
Talk to an Overtime Attorney in North Carolina Today
You work hard. You deserve to be paid fairly. If you’re not receiving the overtime wages you’ve earned, it’s time to take action.
At Morgan & Morgan, our attorneys are licensed in North Carolina and ready to evaluate your claim. And because we work on a contingency basis, you don’t pay anything up front, and you owe us nothing unless we win.
Contact us today for a free, confidential case evaluation. We’re here to ensure your rights and wages are protected.