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Charleston Pay, Overtime, and Leave Attorney

Let our employment lawyers advocate for you.

Noble Law offers consultations and legal advice for a variety of employment law issues, including pay, overtime, and leave. Our employment law firm has offices in both South Carolina and the Triangle Region, and when you choose to partner with us, we will treat you as part of a team. Open communication is key to what we do, and our employment law attorneys will be supporting you every step of the way. When it comes to workplace disputes, it can be incredibly hard to speak out against your employer. Here at The Noble Law, our employment lawyers will work to understand your situation and help inform you of your legal options. Schedule a consultation with one of our employment law attorneys in South Carolina or North Carolina today.

You work hard and deserve fair compensation. Unscrupulous employers may try to take advantage of employees by unfairly withholding wages and overtime pay or refusing to allow them to take the leave to which they are entitled. However, you have a network of state and federal statutes supporting you. They include the Fair Labor Standards Act, The South Carolina Payment of Wages Act, the Family and Medical Leave Act, the Equal Pay Act, and minimum wage laws. You have strong legal rights, and The Noble Law is here to protect them.   

If you are dealing with Charleston pay, overtime, or leave disputes, an employment law attorney can help you in disputes with your employer. You have legal rights. We are here to listen to your story, help you understand your options, and provide the strong advocacy you need to prevail. 

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Understanding Pay, Overtime, and Leave Laws in Charleston 

The Federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting private, federal, state, and local government employees. For example, nonexempt employees must receive overtime pay after 40 hours per workweek at a rate not less than one and one-half times the regular pay rate. However, the FLSA does not apply to all employees. Those exempt from FLSA potentially include executives, creative professionals, administrators, and people working in commission-based sales.  

The South Carolina Payment of Wages Act and FMLA 

The South Carolina Payment of Wages Act applies to all employers with five employees or more, except domestic workers. Under the Act, “every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs.” If changes are made, the new terms must be made in writing a minimum of seven calendar days before they become effective.  

The Family Medical and Leave Act (FMLA) allows eligible employees, those working for a company for at least one year with a minimum of 1,250 hours in the previous year, to take unpaid leave for the following reasons: 

  • Birth and care of a newborn 
  • Adopting or fostering a child 
  • Caring for an immediate family member with a serious health condition 
  • Medical leave when the employee cannot work due to a serious health condition 

When FMLA leave ends, the employee is generally entitled to reinstatement in their prior position or an equivalent job. In South Carolina, employers with at least 50 employees over the past 20 weeks, either in the current or previous year, are covered under federal FMLA laws.While many states have their own laws that require employers to provide time off for family and medical reasons, South Carolina is not one of them, and employees have only the rights guaranteed by the FMLA. 

Americans with Disabilities Act  

FMLA leave eligibility is sometimes a hurdle employees face in securing leave.  . However, it is not the only leave entitlement issue they may encounter. Under the Americans with Disabilities Act (ADA), “a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.” An attorney can help employees assert their rights and seek appropriate accommodations when necessary. 

Common Issues and Challenges 

The most common issues and challenges faced by Charleston employees include: 

  • Pay disparities–Earnings disparities based on race, gender, or other protected categories are illegal. 
  • Unpaid overtime–Under federal law, employers who “willfully or repeatedly” violate the minimum wage or overtime pay requirements are subject to a civil penalty of up to $1,000 for each such violation. 
  • Denial of leave requests–If an employee is eligible for FMLA leave and has a valid request, the employee can file a claim against the employer for unlawfully denying that request . 
  • Retaliation for exercising leave rights–Employers cannot retaliate against any employee for exercising or attempting to exercise their FMLA rights.  

 The Role of a Pay, Overtime & Leave Attorney in Charleston   

Our attorneys have a deep understanding of South Carolina employment law and experience representing a wide range of clients. We work hard to understand your unique situation and help you to understand your legal options. When you consult with us, our goal is to help you restore your dignity, defend your compensation, and move toward closure. Our job as employment attorneys is to help ensure that work environments across the state of South Carolina remain legally compliant with workplace laws, including workplace harassment and discrimination.  

Pay and Overtime Disputes 

Some of the most frequent pay and overtime disputes involve: 

  • Wage theft–Involves an employer not paying an employee their earned benefits, whether it is actual wages or benefits such as breaks.  
  • Misclassification of employees–FLSA contains strict rules regarding which workers are considered employees and which qualify as independent contractors. Employers may misclassify workers as independent contractors to avoid paying benefits or overtime pay.  
  • Off-the-clock work–When employers require workers to come in early or stay late to finish projects, but these extra hours are not paid or counted for overtime purposes, such work is off-the-clock. This may also apply to work the employee does away from the worksite.  

A Charleston pay, overtime, and leave attorney works to resolve these disputes through legal channels. For example, we may prove that an employee classified as an independent contractor meets the criteria for an employee. One significant difference is that an independent contractor decides the type of work they will take on, while an employee must perform the work assigned to them.  

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How Our Pay, Overtime and Leave Attorneys Can Help You  

The Noble Law offers legal advice and representation on employment issues in person, through video, and by phone. We can help you assert your rights and seek remedies for any injustices you have experienced. The first step is to call our office and schedule a consultation with a Charleston Pay, Overtime & Leave Attorney. Our employment law firm has offices in both South Carolina and North Carolina. 

Learn More

Part of our mission here at The Noble Law is educating our communities in North Carolina and South Carolina about employment law and workers’ rights. Part of our job as employment attorneys is to share our expertise with others, and we do so through educational employment law videos and our Noble Notes blog. If you’re interested in learning more about employment law regarding pay, overtime, and leave, or other issues in employment law, explore our resources below:


Employment Law 101


Employment Law Resources


Noble Notes

Along with representing clients with claims in the area of pay, overtime, and leave, we also represent employees in a variety of other areas of employment law. These include:

Along with representing clients with claims of workplace harassment, sexual harassment, and workplace assault, we also represent workers in other areas of employment law. These areas include executive compensation disputes, workplace discrimination, retaliation and whistleblower protections, and pay, overtime, and leave. Learn more about our employment law firm’s Practice Areas and check out our About Page, and if you’re interested in speaking with one of our employment attorneys in North Carolina or South Carolina, contact us today.


The Noble Law offers legal advice and consultations on employment issues in-person, through video, and by phone. The first step is to call the office in your area.
Call Us
Charlotte: 704.626.6648
Raleigh-Durham: 919.251.6008
South Carolina: 864.565.9059