Asheville, NC asked in Employment Law for North Carolina

Q: What options do I have if employer refuses to compensate for my time?

I was scheduled to work 35 hrs/week but they added to my job duties 8 months ago. Now I work at least 40 hrs/week. They refuse to compensate me for my time, by increasing my salary or by making me an hourly employee who can work between 35-40/week. My supervisor's boss has denied my requests. When I asked my supervisor about talking to HR he discouraged me from doing so.

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1 Lawyer Answer

A: If you were hired to work 35 hrs/week at a fixed salary, and your employer does not want to agree to pay you more to work at least 40 hrs/week, tell your employer that you do not agree to work at least 40 hrs/week for the same salary your agreed to for working 35 hrs/week. Then, stop working beyond the 35 hrs/week you agreed to.

Either your employer will fire you and your problem will be solved or your employer will agree to pay you more and your problem will be solved.

If you start working 40 hrs/week at the same salary, it will then become 42 hrs, then 43 hrs, then 45 hrs, etc.

You made a deal for 35 hrs/week. Honor it. If your employer wants more, tell them they will have to pay more.

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