North Carolina Employment Law Questions & Answers
Q: If my position went from exempt to non-exempt. Are we owed back pay for working overtime when exempt?
Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?
You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on... Read more »
Q: Can an employer constantly text an employee after hours?
Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.
Q: Why was I denied although state psychiatrist deemed me unable to work stable job
I was ordered to see state psychiatrist due to ADHD, social anxiety, bipolar, and other mental issues. State Dr. said to me he was deeming me unable to work a steady job that would provide stable income due to my emotional issues and bipolar. Yet I was denied. I am confused as to why. This was for... Read more »
This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with... Read more »
Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?
I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »
In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is... Read more »
Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?
He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?
If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.
Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc
Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »
Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This can be... Read more »
Q: A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?
A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... Read more »
The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.
Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.
I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?
My boss says the training is required, but it was not in my contract.
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract,... Read more »
Q: NCDPS is sending a Letter of Overpayment when they terminated me, Didnt pay for a week of work or vacation leave.
i was ''Voluntarly Terminated'' during Hurricane Florence in NC and now i am receiving a letter stating that NCDPS overpaid me and that i need to may payments. I wasnt paid for a Week of work nor did i get paid for my leave days that were used during the Storm.
I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.
Q: I'm searching for a NC attorney who can review a financial services consulting agreement.
Review and advise on an IAR agreement.
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is... Read more »
Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?
They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.
Q: My new employer filed Chapter 11 bankruptcy during the time of me excepting the job and my start date.
When I interviewed for this job over three months I was extremely adamant that one of the most important thing for me was trans parent see because I have just gone through one hell of or to your run in terms of personal issues and losing work to no fault of my own. I interviewed three times and... Read more »
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
Q: Can I file a suit against a business for unfair treatment?
Only if you have a legal claim.
Q: i am salaried and get no deductions for materials on my taxes i am considered an independent contractor or employee
I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a... Read more »
There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the... Read more »
Q: Could this be an example of unequal pay?
My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »
Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under... Read more »
Q: can I force an exempt employee to take a week furlough with no pay if he’s the only one that will be off of work?
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
Q: Withholding Pay
I worked for a cupcake franchise for 2 months and quit because the weren’t pay any employees correctly or providing pay stubs. Our time logs were all posted on an app so i have accurate records of what my paychecks were supposed to be as well and an excel spreadsheet of the checks they wrote... Read more »
If the NCDOL would not help, you only other option would be to file a lawsuit against them. You should consult with an attorney to discuss how best to approach a lawsuit.
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