CHARLOTTE OVERTIME ATTORNEY

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.

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.

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.

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.

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.

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.

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.