As much as we might prefer to leave work at the office, if your job environment is hostile or toxic, chances are it is impacting other areas of your life. Durham employment law attorneys at The Noble Law have seen firsthand the physical and mental trauma caused by workplace harassment, discrimination, and other unethical and unlawful behaviors.
If your paycheck is short, you weren’t paid for overtime, or you’ve been terminated for requesting protected leave, The Noble Law may be able to help. We have over 20 years of experience representing employees navigating stressful wage disputes, overtime issues, and leave violations. We are committed to ensuring workers have a safe, fair, and equitable workplace, one case at a time.
In the face of unfair treatment by your employer, you may feel powerless and isolated. With a Durham pay, overtime, and leave attorney in your corner, we are here to ensure that your rights are protected. We firmly believe that your voice matters.
Understanding Your Rights Under Wage and Leave Laws
Wage theft isn’t just illegal– it’s expensive. Each year, American workers lose billions of dollars in wages they’ve rightfully earned but never see, from unpaid overtime to off-the-clock work and withheld tips. You have the right to be paid for the work you do. You also may have the right to take protected leave if you or a family member is seriously ill. These rights are backed by state and federal laws, including:
- The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage and overtime pay for most U.S. workers. It requires employers to pay non-exempt employees at least the federal minimum wage and overtime at time-and-a-half for hours worked over 40 in a week.
- The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. It also requires employers to maintain group health benefits during the leave period.
- The North Carolina Wage and Hour Act (NCWHA) is a state law that ensures employees are paid no less than the minimum wage of $7.25 per hour and, unless exempt, receive time-and-a-half pay for any hours worked beyond 40 in a week. It also obligates employers to pay workers on their scheduled payday, follow agreed-upon wage policies, and maintain accurate records of hours worked and wages paid. The NCWHA also sets guidelines for handling deductions, promises to pay, and other aspects of workplace compensation.
Unfortunately, employers sometimes infringe on these rights. Many employees are misclassified to avoid overtime pay or denied leave despite having qualifying medical needs. Some employees are pressured to work without proper compensation.
These violations are serious, and they have real-life consequences. They could mean unpaid bills, delayed medical care, or job loss. We see how employment violations impact workers and their families and understand what’s at stake.
What Wage Theft Looks Like in the Real World
Wage theft is a broad term that can include anything from stolen tips to unpaid overtime. It can be subtle and difficult to detect when it’s happening to you. For example, your employer may ask you to clock out, but require you to keep working. They may withhold commissions you’ve earned or fail to pay your last paycheck after a resignation or termination. Wage theft can also be comprised of unauthorized deductions taken from pay or failure to pay overtime due to misclassification as exempt.
Common scenarios include:
- Retail workers docked for legally-mandated breaks
- Exempt workers labeled as “salaried” to deny overtime pay
- Employees in food service not being paid for pre-shift prep
The NCWHA also requires that employees receive full and timely payment of their wages, whether hourly, salaried, or commission-based, on their regular payday. If your employment ends, NC state law also mandates that you receive your final paycheck no later than the next scheduled pay date.
Overtime Pay Violations
Overtime pay is one of the most misunderstood and frequently violated aspects of employment. As noted above, the FLSA requires that most employees be paid time-and-a-half for any hours worked over 40 in a single work week.
However, employers may attempt to bypass this rule by:
- Misclassifying workers as exempt from overtime
- Offering “comp time” in place of overtime pay (illegal in the private sector)
- Underreporting hours by excluding setup time, meetings, or work-related travel
These violations are especially prevalent in fields with tight budgets and long hours, like education, hospitality, and healthcare.
So, if you’ve been told you’re “exempt” but are still working 50+ hours a week, it is worth reviewing your status with a skilled employment attorney at The Noble Law. It’s not uncommon for employees to believe they were ineligible for overtime, only to discover that they should have been paid for it.
When Protected Leave Turns Into Workplace Retaliation
Under FLMA, eligible employees can take up to 12 weeks of unpaid, job-protected leave if they are seriously ill, caring for a family member, or for the birth or adoption of a child.
To be eligible, employees must have worked for a covered employer for at least 12 months, logged at least 1,250 hours in the past year, and be employed at a worksite with 50 or more employees within 75 miles. However, some employers still penalize workers for using this leave.
Common examples include:
- Being denied leave outright, even when eligible
- Facing a demotion or firing after requesting leave
- Being told to “just quit” rather than take time off to care for a family member
- Refusing to grant leave after the birth of a child or adoption, even though it is protected under the FMLA
In North Carolina, state law also provides additional protections for victims of domestic violence, sexual assault, or stalking, including the right to take reasonable time off to seek safety, obtain medical care, or attend court proceedings.
If you are unsure whether your circumstances qualify for leave under the FMLA or state law, speak with a compassionate, knowledgeable attorney at The Noble Law.
How The Noble Law Supports Durham Workers
When something doesn’t feel right with your paycheck, or you face negative consequences for taking necessary leave, your employer may try to assure you that’s just how things work, but their actions may be unlawful.
Here’s how we can help:
- Educating Clients on Their Rights: We educate our clients on their rights under federal, state, and local employment laws, including laws related to wage and hour issues.
- Document Drafting and Review: Our employment attorneys draft and review employment contracts, where appropriate, and other documents to protect your rights and negotiate on your behalf.
- Representation in Disputes: We assist employees in filing complaints with the U.S. Department of Labor for violations of the FMLA or with the North Carolina Department of Labor for violations of the NCWHA.
You can rely on us to guide you through your case and advocate for your best interests at every turn.
Why Choose The Noble Law?
As a proud member of the Durham community, The Noble Law understands the dynamics at play between local employers and employees, and we know how to approach these cases with skill and care.
If you’re faced with wage theft, overtime issues, or your leave request was denied, you don’t have to navigate your challenges alone. We are here to guide and support you. Contact us to speak with an employment lawyer in Durham who understands what you’re up against—and how we can help.
