North Carolina Labor Law Board

August 2nd, 2006 Posted by Kimberly

In North Carolina, the Labor Law Board is responsible for providing several key things to both the employees and the businesses within the state. From an employee standpoint, there are several key benefits to understanding what this department can do for you. If you are unemployed, this is the place to come for help with unemployment needs. The state offers a good amount of help in this field. You will find help in getting unemployment insurance, help with training and education in order to gain the necessary skills for employment as well as providing help in finding that right job as well.

From the business standpoint, the North Carolina Labor Law Board is really the department watching what is happening within your business. Such things as occupational safety and child labor laws are things that they set in place and generally help to enforce. They help to set and enforce the minimum wage as well. Currently, this is set at $5.15 per hour but is something that the board is considering changing. Nevertheless, step out of line and this is the board that will want to insure you are getting back in line. Their goal is to insure that those that work in the state of North Carolina are given fair and safe places to work.

In any case, the North Carolina Labor Law Board provides a great deal of help in regards to monitoring how the economy is doing as well. Because their decisions are based on how well the economy is doing, they regularly put out information about how well the state is doing. Such things as the unemployment rate of the state, the number of new jobs created and even the details of which jobs are in demand are all pieces of information provided to this governing board as well as much, much more.

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257 Comments >> Posted in Compliance Issues,Department of Labor,North Carolina

Posted by: Rhonda Rowley

I work for a small employer. I am the only employee. He has accused me of stealing from his store and refused to pay me a week’s pay. I am not stealing. His credit card machine isn’t working correctly and the money is coming up short. Not only on my shift, but on another shift as well.

He ignored the fact that there is a problem with the machine, accused me if sabbotaging it and refused to pay me my wages due. He has also discriminated against me, sexually harrassed me, belittled me in public and mentally abused me in front of store customers. I have never taken anything from that store without purchasing it. I started working there the end of Januaruy and the abuse started almost immediately. I walked out once and the store manager (his son) asked me to come back as a favor. I went back for one week and this is what happened. I worked my whole schedule that week and then was informed that they were not going to pay me due to the shortages. I asked him what about the shortages on the other shift? Does that not show you that there is a problem with the credit card machine?
I was told it was out of his hands, His father is the store owner and I was not getting paid. His father has totally mistreated me since the first week I have worked there.
I am not the only one. His son can not keep an employee in the store due to the way his father abuses them.

I am not a vindictive person but this man has pushed me to my breaking point. I never even wanted to go back after I walked out the first time. I only did it as a favor to his son. This is how he treated me after I went back as a favor.

I want to file paperwork to collect my wages and for mental and sexual harrassment on this job.
Posted by: Amelia

Rhonda, this is a tough situation. The bottom line is, the employer probably has to pay you, even if you had shortages.

For a personalized and complete answer, post a question on our free employee HR forum, www. laborlawtalk.com.

Hang in there! Amelia
Posted by: Lisa Byrd

In an employment contract can the company keep your last check if the contract does not state that they can? The contract states: In the event of termination prior to the expiration date, the company shall remburse the contractor for satisfactory work performed through the date of termination. Now they are saying that are paying me but taking the last check for items that I own them. I do not owe the company any money. Can they keep my check? Please let know.
Posted by: Amelia

Hi Lisa, wow, this is a doozie! Our best guess is that the company is saying that some of your previous work did not meet their standards. So, they are deducting that amount from your current check. This is a very difficult situation, and you might want to get expert advice at http://www.laborlawtalk.com.

Thanks for reading! Amelia
Posted by: jay

Hi, I recently was fired from a good paying job. It was a small company with 2 owners. One owner was my boss. She went to other and told lies on to get me fired. I watched and cared for mentally unstable children. One got a splinter. When I left their home, the next day my boss called me and said it was my fault. Later that week she wanted me to take another client, which would put me at 72 hrs a week. I said I didnt want it, and got fired for those two issues. Now, they won’t give me my paychecks for the last 4 weeks. What should I do?
Posted by: Amelia

Jay, to make a long answer short, contact the Wage and Hour Bureau of the North Carolina Department of Labor. It’s the law that employer’s have to pay you. For more specific information, feel free to post a question at http://www.laborlawtalk.com, our free forum for employees.
Posted by: Ayo

I am a subcontractor with the cable company in my city. The company I sub under has come up with a scheme to force us to buy a cell phone service that’s attached to our PDA device the we use for work. It’s a take it or get fired situation.
The problem I have is that I already have my own personal service and as a subcontractor I do not have to be told to get their service, also I am uncomfortable with having my personal phone records in the hands of that company.
Are their privacy laws being broken here?
Posted by: Amelia

Hi Ayo! This is a really interesting question. Unfortunately, it’s probably too complex for a quick answer. For detailed information, we suggest that you post it at http://www.humanresourceblog.com, our sister site.

thanks! Amelia
Posted by: terrell mccoy

I worked for a dealership and work for draw against commission pay. I worked my hour but didn’t get paid all the wages. I had a difference in draw verses commission of $450 the employer says. I worked four weeks in Dec. 2007, but was only paid for three weeks. Does the employer have the right to come after me for the money if it doesn’t state that in their employee handbook, if they fire me? I purchased a car as a customer from them and I financed more money in to get cash back. The dealership is withholding the funds and say that they paid me in a draw but it has nothing to do with a draw.
Posted by: Amelia

Hi Terrell! Wow, this is a complex situation. The best bet would be for you to post it as a question on our sister site, http://www.laborlawtalk.com. The experts there will be able to give you advice.

Hope this works out for you! And, thanks for reading the blog!

Amelia
Posted by: Hoyt Armstrong

I work for a company that splits its work periods from Thursday thru Wednesday. However, we get paid every two weeks on Monday. I have worked 45 hours before and not received overtime pay because the hours are broken into 20 hours in one pay period and 25 in the other. I worked 9 straight days for 5 hours a day. Is this a trick they are pulling to keep from paying overtime?

Thanks, Hoyt
Posted by: Amelia

Hi Hoyt — This is probably not a trick. Companies can designate any payroll period that they want, as long as it is consistant. In your case, the payroll period is 7 consecutive days that begins on Thursday. As long as you don’t put in more than 40 hours in any one payroll period, you’re not entitled to overtime pay. For a more complete answer, you can post a question on our sister site, http://www.laborlawtalk.com. Thanks for reading! Amelia
Posted by: Tammy

I work for a small alarm company and there are 3 employees working. I am the only one full time. A couple of days after I started working here, I heard about the guys he hired as contractors. He started saying they were idiots and everyone of his customers were idiots and I should treat them like that. Then a few months ago, it escalated and now the boss treats me badly and insinuates everyday that I’m an idiot because I don’t know a lot about the alarm business. I do have a college degree in accounting. My job requires me to answer the phones and do paperwork. I am supposed to schedule appointments but every time I do, my boss rearranges the schedule and I am constantly calling customers to apologize. I confronted him. He said it was his company and he would run it the way he wanted to. I’m tired of being treated like I’m an idiot. What can I do?
Posted by: Amelia

Hi Tammy– You already know this, but your boss is an idiot. Unfortunately, there’s no magic bullet that’s going to make him treat you well. The best idea is probably to look for a new job. For more detailed answers to your questions, post them on http://www.laborlawtalk.com. And thanks for reading our blog! Amelia
Posted by: Ashley

Hi! Ok well I work for a dentist. When I was hired back in April, I was informed that I would get the week of 4th of July paid off (during my final interview). Now, I am informed that the only way I will get paid for this week is if I work, even though the office is closed. I took the job and it’s awful. My boss has yelled at me, made me cry in front of patients, and just treated me very badly. He has also made me interview future possible employees. When finished with the interviews I was informed that no “fat” person was to be hired. The turnover rate is ridiculous at his office. They can’t keep anyone, and I am about to leave as well. What can I do about the bad treatment and the July “vacation” that I won’t be paid for?
Posted by: Amelia

Hi Ashley! This is a tough situation, and I think you are doing the right thing to look for another job. Unfortunately, unless the promise to pay you for the July vacation was in writing, it may be hard to collect. For a more complete answer, post your question on http://www.laborlawtalk.com, our sister site. Best of luck with your job search, and thanks for reading our blog! Amelia
Posted by: Fay Wright

I am the senior employee for a company with hours from 8-5. I have been notified my hours will change from 10-7 Monday – Friday and the person under me will work from 8-5 Monday – Friday. The company has notified me after 6 months my hours may change from Tuesday – Saturday 10-7 or 8-5. Can they start changing hours? What happens to my family time I am used to after 5?
Posted by: Amelia

Hi Fay,

Unfortunately, yes, an employer can change your hours at will. In most states, the employer could even change your hours from one day to the next. Companies are not obligated to give the “best” hours to the employees with the most senority, although many do. It may be possible for you to spend more time with your family in the morning, to minimize the impact of this change. For a more complete answer, feel free to post your question on one of our sister sites, http://www.laborlawtalk.com or http://www.humanresourceblog.com. And thanks for reading the blog! Amelia
Posted by: John

I worked as Maintenance Tech for the School system in Monroe North Carolina Union County and while I was employed with them, many things happened that I know wasn’t right.First, one of my fellow employees pulled a knife on me two different times and held it up to my face and throat! The second time he cursed me when I tried to help him with a task he was working on! That day I called a meeting with my supervisor and told him all that had happened and he said he would take care of the matter.

Third of all, after I talked to my supervisor about this, things started to get worse! I got a not so good job review and the pressure started from there! My Supervisor had us work together close one particular day and while working a staff member at one of the schools asked a question about the fire alarm and how it could be bypassed so the main doors would not shut when the fire alarm sounded…Well I spoke up and tried to answer, but when I did my fellow employee told me to shut up and proceeded to answer the question. So I walked off …

This particular employee is a MASON so you would think he wouldn’t do things like this! From what I have heard from other Teachers and workers in the Maintenance dept , he has been up to no good for years….

I gave the School Maintenance dept my 2 weeks notice, because of this behavior. Can I still collect unemployment?
Posted by: Amelia

Hi John — You may still qualify for unemployment, because you quit due to another employee’s threats. Often, that would be considered quitting “for good cause.”

Also, any employee who is being threatened with a knife at work is well within his or her rights to report the conduct to the police. A school worker, especially, should not be acting this way. If you report the employee’s behavior to the police, at the very least your supervisor will have to take notice of it.

Because the safety of students and teachers is at stake (as well as your own) you may want to put your complaints in writing and send them to the Superintendent of the school district.

For a more complete answer, post a question on our employee forum at http://www.laborlawtalk.com. And thanks for reading the blog!
Posted by: Chuck

I work for a company that required me to come to orientation to watch videos, complete forms, etc. This took several hours. I was told that I had to attend orientation. Are they required to pay me for this time if it is mandatory?

Also, if the company has a handbook and other employees have a copy do they have to provide a copy for all employees?

We are required to be at work 8 hours but only get paid for 7.5 even though we do not get to take a lunch break. Is this allowable?
Posted by: Amelia

Hi Chuck! Yes, employers are required by federal law to pay workers for training (such as watching videos.) It’s also illegal under federal and state law for an employer to “automatically” deduct a lunch break from an employee’s check, when the employee doesn’t get a lunch break. You could report both of these to both the state and US Department of Labor.

It’s good management for employers to give all workers an employee handbook, but it is not a matter that’s specifically covered by law.

A final piece of advice (not that you asked for it.) This employer isn’t looking so good, is it? If I were you, I’d continue your job search.

For a lot more input, post a question at our sister site, http://www.laborlawtalk.com. Thanks! Amelia
Posted by: Willie

HI:
I work for a large home helath co that has 75 office workers and 200-300 field staff. Our PTO (paid time off) is earned by the number of hours we work. This PTO includes holidays, time off, & sick time. Recently they have started keeping a log on everyone that is out sick and they created a policy saying that if you are out 11 times in one year for any reason that is not scheduled vacation time they will terminate you. Can this be done on time you have earned and when you are really out of work sick???
Thanks
Posted by: Amelia

Hi Willie! This is a complex issue. For a complete answer, please post your question on our sister site at http://www.laborlawtalk.com. And thanks for reading our blog! Amelia
Posted by: mark

Hello — I was fired from my job because my employer said I had missed too many days. All the days I missed , I was under a doctor’s care and turned in my doctor’s notes. My employer said he does not care, I’m fired. Can they do this while I was under a doctors care?
Posted by: Amelia

Hi Mark! The short answer is, yes the employer can probably do this. He is not disputing that you have been ill — he’s just saying that he needs to hire someone who isn’t absent from work as often. There are two exceptions here. If you have a genuine disability, under the Americans with Disabilities Act or ADA he may be required to make reasonable accommodations for your condition. Or, if you have a serious health condition, you can request up to 12 weeks of unpaid leave under FMLA. Otherwise, this firing would be considered justified. Thanks for reading our blog! And, if you have any additional questions, feel free to post them on our free forum at http://www.laborlawtalk.com — Amelia
Posted by: Brenda

I worked for a convenience store and loved it. The problem is you are expected to work 8 to 9 hours to full fill shift duties and then your paperwork. During this time you are never allowed to sit down unless you are lucky enough to go to the rest room. Forget having a break, if you are not busy inside and you go out for a short break you must have a broom in your hand. When I was hired I was told there was double coverage and then I found out that when you work 3rd shift there are app 4 hours that you are there alone. My question is really reference to breaks and being able to sit down in convenience stores, are there rules regarding these problems?
Posted by: Amelia

Hi Brenda! For complete answers to your questions regarding breaks and seats in convenience stores, post them on our sister site at http://www.laborlawtalk.com Thanks for reading the blog!
Posted by: Mark

Today I was terminated along with another supervisor for the reason of they received “complaints”. Nothing could be verified, nothing was documented, I have never received one write up in the 2 years I was employed there. When asked for proof, I even demanded they pull my team off the floor and ask them. They refused and stated my status was unrepairable with my team. Not only that but just 20 minutes before I helped pack up another supervisor’s desk that they fired for the same reason. Neither of us had attendance issues, performance issues, anything that would under normal circumstances result in termination. Their decision was based solely on what “they” said they heard, again undocumented.

Is there anything I can do?
Posted by: Amelia

Hi Mark, there is probably nothing that you can do. North Carolina has “employment at will” meaning the employer can fire any employee, at any time, for any reason or without any reason. If the employer is a reasonable person, they would only fire you if two or more people reported the same actions. This is how some employers would respond to supervisors who made racial remarks, or advances to female employees. If that’s not the case, then do you really want to work for someone who is so unreasonable? (If you genuinely don’t know what prompted this action, wait a few weeks and call the employer. Ask them for feedback on how you could improve your performance, so you don’t make the same mistake again.) For complete answers to all your HR questions, post them at our forum, http://www.laborlawtalk.com. Thanks for reading our blogs! Amelia
Posted by: Lauren Price

I worked for a bartender for hire company in Charlotte called [employer name deleted.] Myself along with two of my friends worked events for the owner in April 2008. He has paid me, but he has not paid my two friends. He made a verbal agreement to pay us all within two weeks of working an event. He refuses to answer any phone calls that we make or respond to any emails sent. The last thing that he said to me was that he was taking care of the situation in a text message on June 5th. How can we go about handling this situation?
Posted by: Amelia

Hi Lauren! Under both state and federal law, the employer must pay your friends. They should contact the North Carolina Department of Labor or the US Dept. of Labor, Wage and Hour Division. They can also receive complete answers to all their HR questions at our forums on http://www.laborlawtalk.com. Thanks for reading out blogs! Amelia
Posted by: Meriella

I am a single mother of two teenage daughters that works for a small ladies consignment shop in our area. My supervisor is lucky enough not to have to work for a living. She comes in our shop two or three times a week to do some pricing in our store. We get paid on the 1st and 16th of the month. Today, I went in and she had not been in to leave our paychecks. Upon calling her, she casually says she hadn’t planned to come in today and paychecks would have to wait until the next evening, after business hours, until we have a store meeting. Should she be able to NOT give us our checks, just because she hadn’t planned on coming in? I don’t think that my bill collectors will accept that as an excuse.
Posted by: Amelia

Under both state and federal law, an employer has to pay workers on payday, not a day or two later. For a complete answer to your question, post it on our sister site at http://www.laborlawtalk.com. And thanks for reading our blog! Amelia
Posted by: LATOYA

I HAVE BEEN WORKING AT MCDONALDS FOR ONE YEAR AND FOR THE LAST PAST THREE WEEKS ,THEY HAVE NOT PUT ME ON THE SCHEDULE, AND EVERY TIME I CALL THEY CAN NEVER GIVE ME AN ANSWER WHETHER I AM ON THE SCHEDULE,SO WHAT DO I NEED TO DO, THEY FIRER ME, BUT IM NOT ON SCHEDULE.I DIDNT DO ANYTHING FOR THEM TO FIRER ME.THEY ARE TRYING TO MAKE AS IF I QUIT,BUT I DIDNT.
Posted by: Amelia

Hi LaToya! This is an interesting problem. For answers to all your HR questions, please post them at our sister site, http://www.laborlawtalk.com. And thanks for reading our blogs!
Posted by: Tammy

I wrote you a couple of months ago about the small alarm company. I am currently looking for another job and have been since then. The idiot I work for hired some techs as contractors. He takes money out of their paycheck even if they don’t take a lunch. Also He takes money out of their paycheck if he doesn’t think they worked enough. For example, if they spend 6 hours at someones house and can’t figure out the problem, he deducts 2 hours from their pay because he says it should’ve only taken them 4 hours to complete. Can he do this?
Posted by: Amelia

Hi Tammy! Welcome back! That’s a complex issue. For a complete answer, please post it on our employee forum at http://www.laborlawtalk.com. They’ll give you complete information. And, thanks for reading out blogs! Amelia
Posted by: Angela

I have an employee in NC. She is pregnant and has missed several days. She was out sick for two days, according to her she was told to stay in bed. Upon her return the mananger did not ask for a doctor’s note. We have no way of knowing if she is okay to return to work, from a medical stand point. She kept the pregnancy from her manager and he only found out because she was asking co-workers to help with her job duties. We recently came to find out that she has no insurance and therefore has not seen a doctor. She was out again yesterday. Can we have her stay home until she has a release from a doctor? Can we put her on leave of absence? What can we do?
Posted by: Amelia

Hi Angela! Thanks for reading our blogs! We have set up a special forum to answer question from HR pros, just like yours. Please post it on http://www.humanresourceblog.com, for a complete and accurate answer. Thanks! Amelia
Posted by: Linda

If you know that a local small business is paying some of their employees “under the table” should you report them and who do you report them to.
Posted by: Amelia

Hi Linda! For a complete answer, please post your question on our sister site, http://www.laborlawtalk.com. Thanks for reading the blog!
Posted by: Mark

I am not sure if this has anything to do with Laborlaw but, as I stated before I was terminated along with another Supervisor with no documentation. Upon filing for unemployment I received an email stating there was an issue. I called the NCESC and they said I was being denied UE based on termination for poor performance. Now in my conversation on the day I was terminated with the employer, nothing was ever said about poor performance. Upon contacting the employer to ask why my TERMPAR stated “Poor Performance” I was told that it was just one of the options. Is there anything I can do other than waiting the 8-10 weeks for a hearing to get UE? Doesn’t a company need to have documentation other than he said, she said to deny any type of unemployment?
Posted by: Amelia

Hi Mark! Thanks for reading the blogs! For complete answers to all your questions, please post them at http://www.laborlawtalk.com, our sister site. Amelia
Posted by: Anoy

Yes, I’ve been laid off for about 2 months now. Been getting unemployment checks, now all of a sudden they have stopped sending me checks and everyone is back at work except for me and one other person. What can I do? Is this illegal?
Posted by: Amelia

Hi Anoy! It sounds as if the company has recalled some or all of the employees. Did you contact the employer to find out what’s going on? If they have recalled some employees but not you, then you should contact the unemployment people to find out why your checks have stopped. (They probably think you’ve been recalled.) It sounds like a simple mixup to me. For complete answers to all your questions, please post them at http://www.laborlawtalk.com. And thanks for reading the blogs! Ameila
Posted by: Kelly

I worked for [name of company deleted] from Feb.1 2008 through April 2008. My hours were 40-50 a week and they would only pay me for 40 hrs and changed my pay without me knowing.My paychecks couldnt be cashed because of insufficient funds.I have printed out hours and the total amount they owe me.I was also never paid for the first week and the last two weeks of work.Im contacting the labor board again, but is there anything else I can do?
Posted by: Amelia

Hi Kelly! Wow, that’s a tough situation. Definitely contact both the US Department of Labor and the North Carolina Department of Labor. For more ideas, post a question on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! Amelia
Posted by: jane

I work in a hospital in the PACU (post anesthesia care unit). If I am on call on Sunday night, and get called in during the night, and work most of the night they say I still have to be there for my day shift. Because of being tired and no sleep this could be dangerous to my patients. I think this is unsafe practice and not legal. can you help me with this problem?
Posted by: Amelia

Hi Jane! This is a tough problem, but we may be able to help. For a complete discussion please post your question on our sister site at http://www.laborlawtalk.com. Thanks for posting, and keep reading the blog! Amelia
Posted by: jaclyn

I worked for a very small hyperbaric chamber in Creston, NC. I have since quit with no notice and will get a bad reference but it was worth it. The person that is over the office part of the estabishment is very big into her religion. About a month before I got sick and left she told me and I quote…I cry every night for you. Because you and your husband are going to hell. Now the girl that I worked with is quiting because of the same and other problems. I dont feel they should be able to get away with this. They also leave bible qoutes on the chamber, for us to read. They also violate many hippa rules and regs. I would like to bring this and other concerns to someones attention nameless…Who could I talk to.
Posted by: Amelia

Hi Jaclyn! The situation as you describe it sounds like a fairly clear-cut case of discrimination based on religion. In this case, the employer is trying to force her own religious beliefs on you. Title VII of the Civil Rights Act doesn’t just protect employees who have strong religious beliefs. It also protects athiests and employees who do not have religious beliefs from this type of behavior, in many cases. This could even be considered a hostile work environment, based on religion. You would be well within your rights to contact the EEOC at http://www.eeoc.gov and lodge a complaint against this company — especially if this situation contributed to you quitting, because you felt you had no choice. Be aware that this law only applies to employers with 5 or more workers, in most cases.

For a complete discussion of this situation, post your questions on http://www.laborlawtalk.com, out sister site. And thanks for reading our blogs! Amelia
Posted by: FubRooppy

Very nice!!
Posted by: Kelli

I worked for an animal hospital for the last year and a half. I gave them my notice which turned out to only be 12 days and not 2 weeks. They told me that since I did not give them a full 2 week notice that they were going to have to pay me minimum wage. I never signed a contract stating that if that were to happen then they could pay me minimum wage and I dont think that it matter if I do. NC law doesn’t state anything about somebody not paying you your full salary. I want them to give me the rest of the money that they owe me. How can I go about getting this?
Posted by: Amelia

Hi Kelli! This is an unusual and interesting situation. For a complete answerm, please post it on our HR forum at http://www.laborlawtalk.com. And, thanks for reading the blogs! Amelia
Posted by: cathy

We have a no smoking policies at the hospital where I work. My question is can my employer stop us from taking our breaks and clocking out to go across the street to smoke.
Posted by: Amelia

Hi Cathy! Yes, this is very common, especially among employers with no-smoking policies. Under the federal Fair Labor Standards Act, the employer can legitimately require that employees remain on the premesis during their meal breaks and rest breaks, even if those breaks are unpaid. If you think your employer — a hospital– is trying to get you to stop smoking altogether, you are right! For a more complete discussion of this issue, post your question on the forums at our sister site, http://www.laborlawtalk.com. And thanks for reading the blog! Amelia
Posted by: Melanie

Hi! My husband works for a local seafood company. This morning he arrives at work to find out they are no longer allowed to leave the property on lunch breaks due to some employees taking advantage of it and taking longer breaks. He was also informed that they will only get 30 minutes instead of an hour effective immediately. Can an employer change policies without giving the employees any notice? Can he force them to stay on premises on breaks when they don’t offer meals or snack machines?
Posted by: Amelia

Hi Melanie! This is a very interesting question. For a complete anser, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs!~ Amelia
Posted by: Alanna Barnes

I was working for a home health place and i worked over a month before i got payed and then here now i have quit the job and they have not payed me all my money yet they still have to pay me for about 6 weeks of work so dont go get a job for G. L. Home Health Care in North Wilkesboro [employer name deleted, ] they don’t pay you for your work. DONT PAY YOU FOR YOUR WORK THEY ARE IN NORTH WILKESBORO
Posted by: Pat Brown

Message
I worked for a company for 2 1/2 yrs. The owner was always pulling money out of the company for his “hobbies”. Eventually the payables got $300,000 behind. I was the bookkeeper but paid what I was told, how much to pay, and when to pay. I put in my month notice to give time to train someone else. During that time, I found out he was telling creditors that I didn’t pay when he told me to, he insinuated I took money, and so on. When I confronted him, of course he denied sayig these things. I still stayed to help him through the year end, but now I hear he is giving me a bad reference or will not give a reference as to how I performed my job. I can turn him in to the IRS, NC Sales Tax dept., and several other people for his unethical and illegal actions, but I don’t want to be vindictive. Can I do anything about the bad references? Thank you.
Posted by: Amelia

Hi Pat! You could hire an attorney and sue the employer for libel or slander for giving you bad references. However, the attorney’s fees would be expensive. And since you former employer has no respect for the law, it’s possible he would continue giving you a bad reference.

Here’s another way to look at it. In a situation like this, you are collaborating in the business owner’s illegal and unethical behavior, by helping to conceal it. If no one ever turns this guy in, he will continue to exploit innocent people, and continue to ruin your reputation/financial future. It’s not being vindictive to turn him in…it’s just letting the good guys win, for once. After all, he is breaking a number of laws.

Once the truth comes to light, interviewers will disregard this man’s negative references and you’ll find it easier to get a good job.
Posted by: Amelia

Hi Alanna! Thanks for your comments, and for reading the blogs! ~ Amelia
Posted by: Jennifer

Message–I work for a child care business. I have been there 1 1/2 years. When I was hired, I was praised everyday because of my interaction with children and my teaching skills. I have a 2 year degree in early childhood development. In April, I took my 1 week vacation, which I gave a 2 week notice. There was no problem with my employer. When I came back, attitudes toward me had changed dramatically. A meeting was called to inform all employees that any classroom materials must be shared with all teachers….I had no problem, however I did voice that I did not think it was right to force me to give up materials that I had paid for especially since no one else in the building would purchase these items not to mention, they would never replenish them. Since that meeting, they have taken me out of my classroom and placed me in the kitchen as cook, I was lead teacher for the 4 year olds. The day that I returned from my vacation was the week that my class graduated and would be leaving for Kindergarten. The owner would not let me even attend their graduation. When ask why they took me out of my classroom, the statement was…”the children need consistancy”. This I don’t understand because I was there everyday and was given vacation time, which I took. Shortly afterward this situation, I began having medical problems which caused me to have to go to the bathroom 2-4 times a day. I went to work everyday….unless I had a Dr. appointment which I have all notes for those days from the doctor. My medical issues, required me to have 1 surgury (which I planned for a Friday, so that I would not miss much work) and I had to have 1 out patient procedure. My employer, has treated me very rude since these episodes. On a daily basis, if I go to the bathroom, I get “sent home”. They know that my condition is not contagious, and I am there everyday reporting to work. This has caused me severe financial distress not to mention the stress that going into work knowing that if I have to go bathroom more than 1 time in a 9 hour day, I will be sent home. After putting me in the kitchen, they told me that would be placed in the infant room after my kitchen duty was done. There are 2 employees in this classroom and I don’t see the issue if I have to go to the bathroom. I am not out of the classroom for no more than 5 minutes at the most. Because they insist on making the decision themselves, “that I must go home because of sickness” I don’t know what they are trying to do. I refuse to let them fire me, because of my work ethic and my need to work. I feel that one of the reasons is because this daycare lost their federal funding for befpre and after daycare and maybe they can’t afford this. If that be the case, lay me off until things change or numbers are up in the daycare. At any rate, I am being treated unfairly. What do I need to do? Every year, Child Care Wages program will reward you if you stay employed, my wages check will be due in October and it will be for approximately $900, but I don’t want to quit and lose this, nor do I want to get fired. I feel that they know they can not fire me because of my follow thru on Dr. notes, etc. This employer will call me in the office on a twice weekly basis, to tell me that I’m “not smiling” and I need to go home. What is he trying to do? Of course I am not smiling because they are treating me unfairly. They have teachers in classroom who are not qualified to teach, simply because they can pay them less. What should I do?
Posted by: Amelia

Hi Jennifer! Wow, this is a complex situation. For complete answers to all your questions, please post them on the forum at our sister site, http://www.laborlawtalk.com. As far as the consistency issue, that sounds like you actually got in trouble for something many teachers do — buying your own supplies and bringing them to school. It is a very short-sighted employer who would discourage such behavior. If I were you, I would be looking for another childcare job, to start immediately after you receive that $900 check. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Robert

Hi, My employer told me at hire that he does not pay any overtime. He says that if I have to work more than 40 hours in any one week I would not get paid time and a half my regular wage. I need this job so I said OK. I work and love in NC. Can he does this legally? What can I do and still keep my job?
Posted by: Amelia

Under both federal and North Carolina law, employees must be paid for every hour they work. And, they must be paid time-and-a-half when working more than 40 hours per week. This is not a right that an employee can “bargain” away, even if a union is involved. You could legitimately report this employer to the US or North Carolina Department of Labor, for non-payment of wages.

When most employers say “we don’t pay overtime” they mean “we don’t permit employees to work more than 40 hours in the week, because we can’t afford the overtime payments.” However, even if the employee violates company policy by working more than 40 hours per week, he or she must still be paid for them. HTH, and thanks for reading the blogs!~ Amelia

PS We have a sister site set up specifically to answer questions like yours at http://www.laborlawtalk.com
Posted by: John Piekiel

I recently quit a job of 5 years and several promotions due to 2 senior managers 1.) posting lies about my work to the corp HR intranet 2.)both of them ganging up on me behind closed doors with verbal abuse (many times) – 1 day…I had just had enough. I kept data of my work performance which was stellar. I recently found out 1.) Corp will not pay me my 2 weeks vac. pay and 2.) I probably won’t be eligible for unemployment!

I previously (5 mos ago) had spoken with the district manager telling him how explosive the situation was becoming. The DM had transferred to that store location a little over a year prior. Despite almost immediate dislike of me by these 2 – I stuck it out and performed well for over 18 months.

Do I have any options? and why can a large corp (publicly traded) be allowed to have people that treat employees w/such disregard? Are their labor laws that provide remediation? Is this a legal situation? Thanks for anything you can offer

John P. Greensboro NC
Posted by: Amelia

Wow! Your two former bosses sound like a less humorous version of the movie, How to Lose Friends and Alienate People. Obviously, this is not good management. Experienced HR pros realize that even when they have a problem with an employee’s performance, it can be addressed in a respectful way.

Unfortunately, quitting was probably the wrong tactic, as tempting as it may have been. Often employees who quit do not qualify for unemployment (as you have discovered.) It is usually easier to find a job while you are employed. By quitting, you saved the company the expense of paying your vacation and unemployment. Frankly, you let them win.

A time honored tactic in this situation is for the employee to find another (perhaps better) job with the company’s immediate competitor.

You could certainly consult an attorney specializing in employment law, but it is hard to see what you would sue these people for. Not wrongful termination, becasue they did not terminate you — you did. Unfortunately, unless thier negative behavior was based on your race, color, religion, age (over 40), sex, national origin, disability, etc, you do not have a case for discrimination.

Sadly, there is no law protecting employees from verbal attacks and lies by senior managers. In fact, some would say that this problem is common in American business. For a fuller discussion of this situation, post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs!~ Amelia
Posted by: Brenda

I work second shift at my job which is considered 4:00-12:30 with a half hour of unpaid lunch. One day I came in a half hour late 4:30 so I worked a half hour more until 1:00 am. well, I got paid for 2 hours of third shift pay and I didn’t know why and the employer said because I worked until 1:00 am. I have asked another worker there that does work third shift and he starts at 10:30pm until 7:00 am and he gets third shift pay. My question is if he gets third shift pay starting at 10:30pm then shouldn’t we get third shift pay when were still working from 10:30 to 12:00 (half hour off for lunch) so we should be getting an Hour and half of third shift pay
Posted by: Amelia

Hi Brenda! There is no state or federal law that requires employers to pay workers a premium for later shifts. Any employer who does so, can set their own rules regarding it. The majority of employers who offer a third-shift premium base the pay on the time that your shift starts. To be honest, you probably should not have been paid extra when you worked until 1:00 am. But as long as the company applies its own rules fairly, it is legal. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Leenette

I work for a large corporation. They intially messed up on one of my paychecks shorting me 40 hours. They realized the mistake and instead of cutting me a separate check for the difference they waited till the next pay period and added the difference there. This put me in a different level and I lost $185.00. The company refuses to correct. What to do?
Posted by: Amelia

Hi Leenette! This is a tough question. It’s not unusual for a company to compensate for an error on the next paycheck, instead of curring a separate check. (Although a 40-hour mistake is a big one!) Your question is not clear on how you “lost” $185 through this procedure. Our best guess is that the company added the additional week’s salary as a bonus. Under federal law, bonuses are taxed at a higher rate. This might result in the company withholding an extra $185 as federal taxes. You can appeal to the company, pointing out that the extra money was not a bonus and should not have been taxed at the higher rate. However, it may be impossible for them to change, if they have already made the tax payment to the IRS.

The good news is that if the company did accidentally withhold $185 too much for taxes, that will increase your tax refund by $185. The bad news is that you will likely have to wait until January or February to file your income taxes and get the money back.

For more complete information, feel free to post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia
Posted by: Kevin

I work for the state of NC. We were recently told that we would not be paid out any over time for the month of September or going forward until the economy picked up and that we would be required to take compensatory leave for the overtime hours worked. Is that legal??? I thought that we had to be paid 1.5 OT pay for hours worked over 40hrs.??

I also did work in another department. I was promised OT pay and had previously been given OT for work done in that other department. I only worked 39 hrs in my department for this particular week. Do they still have to pay me OT as they have done in the past?
Posted by: Amelia

Hi Kevin! You are correct that employees must be paid 1.5 times their usual hourly rate when they work more thanb 40 hours per week.

When an employer says they will not pay any overtime due to financial conditions, what they usually mean is that they are not authorizing any employees to work more than 40 hours per week. Any employee who does so can be terminated.

Government agencies can give some workers compensatory time off, or comp time, instead of paying overtime, if the employee agrees. So what this employer is saying is, “We will only approve overtime if the employee is willing to take comp time instead of overtime pay.” Again, this is legal, even if the employer has worded it poorly.

You are eligible for overtime after working 40 hours. It doesn’t matter which department you worked in, if the hours total more than 40, you are entitled to overtime. However, the employer can legally pay you straight time for the first 40 hours. For a more in-depth discussion, post your questions at http://www.laborlawtalk.com HTH and thanks for reading the blogs!~Amelia
Posted by: Bill

Can an employer decrease pay, or withhold pay from employees for quality mistakes to recover replacement parts and/or rework labor dollars lost?
Posted by: Amelia

Hi Bill! This is actually a complex question. The short answer is yes, in some cases such deductions are legal.

What you are talking about is a disciplinary deduction. Basically, the employer pays the worker his or her usual hourly rate. Then, the employer “fines” the worker (or makes a deduction to the worker’s wages) for poor performance. Some states specifically prohibit these types of deductions, but North Carolina does not. That means under some circumstances they are be legal.

First of all, an employer cannot reduce an employees wages, or make deductions to an employees wages, that result in the employee being paid less than the federal or North Carolina minimum wage for the hours actually worked. This includes being paid time-and-a-half for overtime.

In North Carolina, an employer can make a deduction to a worker’s paycheck only when the employee has specifically given his or her permission, in writing, in advance. The permission must include the reason for the deduction. Usually, the authorization must include the dollar amount or percentage of the deduction.

A current employee in North Carolina must usually be informed of the deductions 7 days in advance. However, if the employee has been terminated, no such advance notice is necessary.

Here’s the sticky part: in North Carolina, once an employee has given permission for a deduction, she cannot withdraw that permission IF the deduction is for the employer’s benefit. So an employee who had signed such an authorization, could probably not withdraw it, ever.

There are some other limitations, so your best bet is to check with the North Carolina Department of Labor at http://www.nclabor.com. You can also post a question on our sister site at http://www.humanresourceblog.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Bill

Hi Amelia,

Thanks you for the info. Can you tell me what can result if an employee
refuses to grant permission for the deduction? Can the employer deduct
without permission, and if this happens what would be my recourse?

Bill
Posted by: Amelia

Hi Bill! Technically, it is not legal for the employer to make the deduction without the employee’s permission.

If the employer makes the deduction without the employee’s written permission, the employee can file a wage complaint with the North Carolina Department of Labor. The state Attorney General will then collect from the employer, and may also impose fines and court costs. If necessary, the AG will file a lawsuit to force the employer to pay.

In some cases, an employee handbook or employment agreement may include the permission to withhold money for disciplinary actions. Some of these agreements may be legal, even if they are 10 years old or more. (Others may not be legal, depending upon how they are worded.)

Also be aware that the employer can pursue other disciplinary measures, such as writing the employee up or firing the employee. HTH, and feel free to ask any other questions that you might have! ~ Amelia

We are making a lot of assumptions about this situation, (such as the fact that the worker is an employee and not an independent contractor) so please don’t take it as a substitute for legal advice.
Posted by: Kevin

I am a salaried employee, non-exempt. Does this mean that my employer does not have to pay me OT?
Posted by: Amelia

Hi Kevin! No, it does not. Salaried non-exempt employees are entitled to overtime when they put in more than 40 hours in a payroll week. Salaried exempt employees are not entitled to overtime pay, or any additional pay, when they work more than 40 hours per week. That is the basic difference between the two. For a more complete answer, please post your question at our sister site, http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~Amelia
Posted by: Bonnie

I worked for a small computer company. I have been with them for 2 1/2 years. When they initially hired me they told me I would be allowed to work from home 2- 3 days week, the rest in the office & that they would supply me w/ a laptop. I took the job offer w/ them b/c my husband had just started a new business and I need some flexibility to help him with the business. They were aware of this and said they were fine with it. I also have young children and wanted to be close to home. After working there for only 2 months they hired another person that wanted to work fulltime at home and they told me they would give me Fridays off and they were firing the part time admin help in the office and needed me in the office 4 days a week. I asked if if would still be able to take my laptop home and work from home if my kids were sick if need be or if i needed to be off and make time up and they said yes. They changed my salary, which I was not expecting, but I was stuck by then.

I started having health problems several months after that and missing some work. I also have a son that has asthma and when I had to miss work w/ him I would always take a vacation days. The company was growing and they hired another girl in the office that I recommended. They took my laptop from me and gave me a desktop, thus eliminating me being able to work from home and make up time if I have to be out or if my kids were sick. My job is 35 minutes from my house. Then I was told that I was missing too much work and that they were taking me off of salaried, taking all of my benefits away and cutting my hours. With the rising cost of gas it was almost costing me more to go to work than it was worth, but I had bills to pay. They told me things were not working out. This was in Jan 2008.

Before, if I was out I would sometimes work on Friday to make up for my missed time or work through lunches. Most of the time I didn’t even take lunches. I was told that I had to take lunches from then on out and if I did not that it would be deducted automatically. I was told that they did not care if I came in at 4:30 and worked until 5:00, I would be deducted for a 30 minute lunch break.

I was talked to very ugly by my female employer. My health problems kept getting worse, but I tried to be there anyway. In June, they cut my hours again. I have really bad migraines and severe back and spine issues. They knew about the migraines, but not the back/spine problems. I was taking medicine and trying to work as much as possible because they had cut my hours so much. I had been there working some days and would leave and come home and not hardly be able to walk. About the middle of June I blacked out at the wheel on the way home from work and almost hit a tractor. Luckily, I came to in time to swerve and miss the tractor. My doctor made me an appointment for testing for sleep apnea and I need to go back to get the results. The specialist was there only on one of the days that I was scheduled to work. I asked if I could switch days since my hours were already cut and they told me no. That I would just have to take 1/2 a day off. That meant that I had to drive 35 minutes to work and then 55 min to my specialist. When if I had just stayed at home I would have only had a 20 minute drive to and from the doctor. I got really upset that day and got a migraine and had to go to the doctor. The had to give me shots to get rid of my headache that night and my blood pressure was so high they said I was almost a stroke level. When I explained the situation to the doctor he took me out of work. They sent me to a specialist and started running all kinds of tests. Ultimately they found several issues with my spine and that I have sleep apnea. I have been out of work since 6/23/08. I had spinal surgery 3 weeks ago. I am not sure when I will be able to go back to work. My surgery only fixed one of the problems with my back. I have been in contact with one of my employers the whole time. It is a privately owned company, by a man and a woman. The woman has not called me or contacted me one time since I have been out of work. She called me today and told me they hired someone in my place and packed my things. They would have someone bring them to me. If I was missing anything to let them know. I know that this is a lot of information, but I’m just not sure what to do from here. Can you give me any suggestions?
Posted by: Amelia

Hi Bonnie! It sounds like there are a couple of issues here, but the major one is the time you have missed due to your health problems. If the employer has more than 50 employees within 75 miles, then you may be qualified for up to 12 weeks of unpaid leave under FMLA, the federal Family and Medical Leave Act. Unfortunately, there is no law that requires smaller employers to give workers unpaid leave when they or a close family member is sick (as with your son’s asthma.) If the company is covered by FMLA, you could look into that, although, to be honest, this is something you should have done in June, not 4 months later. Frankly, even if you had taken FMLA beginning in June, it would have ended by now and the company could legitimately fire you for missing too much time from work.

If your back problems meet the EEOC definition of a disability, you may be entitled to a reasonable accommodation under the law. However, you must be able to complete the essential functions of your job, with or without an accommodation, to qualify. Working from home 2 or 3 days per week might be a reasonable accommodation. However, at least for now, it appears you are not able to work at all.

Employers can change working conditions without consulting the employee. It appears that you were hired with the understanding that you could work from home 2 or 3 days per week, but the employer quickly changed that, and reduced your salary as well. It is possible if you had quit due to a major change in salary or working conditions, you could have qualified for unemployment benefits.

Often, workers who are disabled for 5 months or more qualify for Social Security disability benefits. Apply for these as soon as possible, as they based payments on the date you first applied. For a more complete discussion, you can post all your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: toooldtostartover

Is there any such thing as a cost of living law in NC, and if so how often is an employeer required to give a cost of living increase in wages?
Posted by: Amelia

There is no law requiring employers to give a cost of living increase to workers in North Carolina, or in any other state for that matter. In fact, employers are not required to give a raise to any employee, ever. The only exception is minimum wage workers.

The minimum wage in North Carolina mirrors the federal minimum wage. Currently the minimum wage is $6.55 per hour. On July 24, 2009 both the North Carolina and federal minimum wage will increase to $7.25 per hour. However, this change only affects those earning less than $7.25 per hour. Employers are under no obligation to give any increase to a worker who is currently earning more than $7.25 per hour. For a more complete answer, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Carol

I have a question. Our employer has advised us that we must take a lunch hour each day between 12:00 and 2:00 of one hour and show this on our time sheet. This I understand. But I came to work at 12:30pm and worked until 5:30. I did not show a lunch hour on that day on my time sheet because I did not arrive until 12:30pm and only worked 5 hours (normal hours are 7:30am until 5:30pm. I was approached and told that I would have to show one hour for lunch on that day and it had to be between 12:00 and 2:00pm, so as a result I had to take show one hour from 12:00 until 1:00 pm even though I was sitting at my desk working from 12:30 until 1:00 pm. So I worked 30 minutes for them free and was not paid for that 30 minutes. Don’t you have to work a certain number of hours before you are even entitled to a lunch break? And is this not falsifying administrative documents? Why would I be made to give the employer 30 minutes of my time for free? Can you please advise?
Posted by: Amelia

Hi Carol! Yes, of course you are right. Changing your time sheet to show that you were on break between 12 noon and 1 pm is falsifying documents.

Under both state and federal minimum wage laws, employees must be paid for all time worked. So you are entitled to payment for the time from 12:30 to 1:00 pm when you were at your desk, working.

An employer can require workers to take any meal breaks that they like, as a matter of company policy. The employer can legitimately require that every employee, even those working a 5-hour shift, take a one-hour break between 12 noon and 2 pm. The employer can discipline or terminate any worker who does not comply. However, the employer must still pay the employee for the hours worked. For a more complete discussion, please post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Jenny

Hi,
I am a hairdresser paid on commission. My boss has just made it mandatory that during our shift we are not allowed to leave the store. Is that legal? We are not getting paid, but expected to sit for nearly 10 hours a day even if we don’t have any clients that day.

Thanks so much
Posted by: Amelia

Hi Jenny! Yes, this is legal. The employer can require that workers remain on the premises, even during unpaid meal breaks in North Carolina. Even though you are a commissioned employee, you must earn an average of the state minimum wage ($6.55 per hour) for the time that you work. Even when you have no customers, your employer is paying you, so you need to be available to work.

If you find these working conditions too restrictive, it should not be hard to find another salon to work in. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: JJ

I was placed on a personal leave of absence (work at a hospital) because they say I am not a good match for the position. They gave me 2 months to find another position there. I went on two interviews and did not get an offer (same employer). What are my rights for getting unemployment compensation benefits. I was not written up and had perfect attendance record as well as being a hard worker.
Posted by: Amelia

Hi JJ! There is a good chance you will qualify for unemployment benefits. And, you probably could have applied when the personal leave of absence started. Ususally, an employee whose hours have been significantly reduced (say, from full-time to part-time) qualifies for unemployment. Unemployment benefits and rules vary from state to state, so it’s impossible for us to make a determination without a lot more info on your situation.

Usually an employee who is out of work through no fault of his own, qualifies for unemployment. That applies to your case. We will also say that this is a very unusual tactic. Usually, if an employee is not a good fit for a job, they are just terminated outright. Putting you on a personal leave of absence would seem to indicate that the hospital values you as an employee, just not in that job. Or they are being especially cautious for some reason. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Stephen

I am employed (?) at a privately owned hotel in North Carolina. When I accepted the job of Night Auditor I was told that I would not be paid in cash initially, but MAYBE later on. I would be given a room at no charge (a room I found later that he could not normally rent). The job was presented as a “minimum wage” trade off. What I was not told was that the job entailed 60+ hours, 7 days per week and pretty much at the employer’s beck and call. This brings my “minimum wage” to between $3.00 and $3.50 per hour depending upon the week (Room Rate/hours worked). Being without transportation, a home and a dependable schedule I am basically stranded.

I am not alone. There are currently four others in this position (a fifth was fired recently for ‘attitude’). My employer preys on people who are impoverished and homeless and locks them into this situation. I know as you do that this is not right. But, is it illegal?
Posted by: Amelia

Hi Stephen! Yes, this is wrong and it is illegal under federal and/or North Carolina law. This is one of the worst employment law violations that we have heard of. It may even qualify as slavery, under the law. It sounds unlikely, but the U.S. Department of Labor actually prosecutes several employers for slavery, each year.

The federal and North Carolina minimum wage are both $6.55 per hour. Even if the employee and employer agreed on a lower rate, it is not legal. It is also not legal for the employer to require an employee to work simply for a place to live.

Under federal law, an employer can deduct the reasonable cost or fair value of room, board and other items supplied to employees from the employee’s salary. However, the factors that make this room hard to rent also probably reduce the reasonable cost of the room.

Suppose Joe works 40 hours per week, at $6.55 per hour. The employer pays Joe $262 per week, but deducts $210 per week for Joe’s room. Joe must be paid wages of $52 per week.

Federal law also requires that employees be paid overtime at 1.5 times the usual hourly rate when they work more than 40 hours per week. That’s a minimum wage of $9.83 per hour for overtime. Suppose Joe works 60 hours per week instead of 40. He must be paid $262 for the first 40 hours, plus $196.60 for overtime, totaling $458.60. Joe’s employer can deduct the $210 per week for rent from his salary, but Joe must be paid $248.60 for the week.

To report a federal minimum wage or overtime violation in North Carolina, contact the U. S. Department of Labor, Wage and Hour Division at:
Atlanta Federal Center
61 Forsyth Street SW, Room 7M40
Atlanta, GA 30303
(404) 893-4524

The toll-free number is 1-866-4USWAGE or 1-866-487-9243. The website is http://www.dol.gov/esa/whd/. Please call or email them immediately and file a wage complaint against the employer. They will assist you (and the other employees) in collecting up to 3 years of back wages.

In addition, North Carolina law requires that employees be paid $6.55 per hour, with overtime after 40 hours. The state severely limits the deductions that an employer can make to the employee’s paycheck. Usually, the employee must sign an authorization in advance, that specifies the dollar amount that will be deducted from their check. If there is no such signed agreement, the employer can’t deduct anything from the employee’s check. It is possible under state law that you would be entitled to all the back pay, without deductions for rent. (A little-known exception to the state law permits employers to pay some workers just 85% of the state minimum wage.) Please contact the North Carolina Department of Labor immediately at http://www.nclabor.com and file a wage complaint.

Under both federal and state law, an employer cannot legally take negative employment actions against an employee who files a wage complaint in good faith. So it would be against the law for the employer to fire you, or write you up, because you filed these complaints.

Everyone at blog.laborlawcenter.com is concerned about you, because of this situation. Please contact the federal and state departments of labor ASAP, and please stay in touch to let us know that you are alright. Post any additional questions that you may have here, and we will be very happy to answer them. Take care!~ Amelia
Posted by: Harold

I would like to explain this without going into too much detail. A court order has been put into place where my ex wife and I are required to furnish each other with quarterly earnings and expense reports. I have noticed that on all of her pay stubs there is no federal, state or medical withholdings of any sort. Recently I have also noticed that her last quarterly does not reflect the July increase in federal and state minimum wage. This suggests one of two things, that either her employer is not making standard deductions and not paying the legal minimum, or that her pay stubs are fake. Is there any help or guidance I can obtain in this situation?
Note: Legally it is beneficial to her to not only be employed, but to do so at the lowest rate of pay possible.
Posted by: Amelia

Hi Harold! This is a very interesting situation. You are probably correct in your assessment of the situation — either the pay stubs are falsified, or the employer is not making the standard deductions from your wife’s wage, and may be in violation of the federal or state minimum wage.

There are a couple of other possible scenarios. The wage could be correct if your wife was working in a tipped position. Or, she could be one of a very small group of North Carolina employees who are exceptions to the state minimum wage law. For example, she could be working for a family member. But even if she was not entitled to the minimum wage, the employer would still be required to withhold FICA (Social Security) and unemployment tax, at a minimum.

Another possibility is that your wife could be working as an independent contractor. Independent contractors are not usually entitled to benefits. They are considered self-employed, so they are responsible for paying their own taxes and social security, instead of those items being withheld.

There is probably no easy way for you to know which alternative is true. Anyone can lodge a minimum wage complaint under federal law, so you could report the employer to the U.S. Department of Labor, Wage and Hour Division. They would investigate whether or not the employees are earning at least the minimum wage. You could also file a complaint with the North Carolina Department of Labor, although they may only accept complaints from the employee.

Otherwise, your best bet would be to contact your attorney or the court and explain that you believe the paycheck stubs are fraudulant. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Stephen

Amelia,

Thank you for your response. It was heartening to find that the governments do know right from wrong.

Well I am in the job one month now without a day off. Another empoyee quit yesterday telling me she felt like she was “in slavery”. I don’t know what will become of her but her prospects were bleak. This brings the four of us left to pick up the work of six. We look unfavorably forward to longer days and more diversity of task.

This brings me to part of my dilemma. If I ‘squeal’, what will become of the others here. According to all that is apparent to powers that be, we are not even employed. No social security payments, no unemployment insurance payments nor anything else visible tying us to employment here. And you know as well as I do that in this state terminating someone for ’cause’ is not difficult. (Note four litigations by the State in support of employees in the last year). We will literally be out in the cold with only a lean promise of a pittance (even for those who have been here for months) after long litigation.

The second part of my dilemma is the employer and his GM (two of the four who are paid here). They are not ogres but themselves are trapped in a business that barely makes enough to pay the bills. The power company was here a few days ago to serve notice of termination of service. In a way he is also trapped in this situation and unable to pay people to run the place. Litigation against him would probably close the hotel and put seven of us out of work.

So, you see, it is not so simple as filing a complaint, especially if you have no place to file it from or to be contacted in the unlikely event of a positive outcome.

What we are in need of is work and goodness knows we are not afraid of it. We need a place to live. I think its called a livelyhood. I am persuing every possibility in the little time afforded me toward these ends, but I face similar obstacles in those avenues. It seems the addage ‘it takes money to make money’ has taken on a more emcompassing meaning.

Bless you all for your concern and advice. I welcome any other ideas or suggestions you may have and will continue to view and post as our situation and my time permits.

Thank you again.

Stephen
Posted by: Amelia

Hi Stephen! It’s great to hear back from you.

First of all, the employer can’t terminate you for filing a complaint with the U.S. Department of Labor, or take any other negative employment action. That’s retaliation, and it’s against the law.

Second, because there are four of you, it should be relatively easy to prove that you are working there. You will testify that the other three “employees” are working there, and they will do the same for you. (You may also want to keep any evidence that you might have, like Night Audit reports signed by you, a copy of the reg card when you checked in, etc.) If necessary they will interview hotel guests to ascertain who was working.

When one employee complains to the U.S. Department of Labor, they routinely investigate the payroll records for the entire company and interview all the employees. So the other employees would likely receive 2 to 3 years of back pay, as well.

Search our archives for “slavery.” I personally have written at least 4 or 5 articles in the past year where the U.S. Department of Labor prosecuted cases where there was no paper trail at all. In one case, the “employees” received a cash settlement, plus housing for the next year or so, plus job training, plus a guarantee of a job. I’m not saying you would receive all that, but I think all of you would be better off.

Obviously you have access to a computer, at least part of the time. Open a free hotmail account (www.hotmail.com) and use it to communicate with the U.S. Department of Labor at http://www.dol.gov. You can access the hotmail account from any computer, including the public library. Or, send them a letter.

It’s admirable that you are concerned about the GM and the owner. Yes, if the U.S. Department of Labor forces the owner to pay workers, the owner may have to take a second mortgage on the property or even sell it, to pay the back wages. Frankly, he will be better off. Clearly, he does not have the cash flow or business training to operate the hotel successfully. And frankly, that is his problem, not yours. If he was a decent human being, he would be paying you, and not taking a salary himself. If the only way for him to keep his business open is to have people work without paying them, then he deserves to have the business close.

I’m a little puzzled. I was in hospitality management for 25 years. If the hotel has no business and therefore no revenue, how can there be so much work? If the hotel has plenty of guests, then there must be at least some cash flow. Certainly enough to pay all of you the minimum wage.

If the business closed, the “legal” employees would be able to collect unemployment for at least 6 months, and possibly a year or longer. Those of you who are not being paid would likely receive at least several thousand dollars in back wages, as well as unemployment. That should solve the “you need money to make money, or even get a job” problem.

If you would like, log in under another name and leave a comment with your contact information and place of employment for me. (If you use your current log in, it will automatically publish the info. If you use a new log in, it will go through moderation and we won’t publish the personal information.) We can contact the authorities for you, if you like, and ask them to investigate your situation.

Also post your dilemma on our sister site at http://www.laborlawtalk.com. They may have additional useful ideas. Please stay in touch and take care! ~ Amelia
Posted by: Dee

I’ve worked at an private owned Assisted Living Center for more than 5 years and have been salaried the whole time. Effective 11/16/2008 I will be put on hourly rate and I’m afraid that my wages will also be cut. Is any of this legal and if not what can I do.
Posted by: Amelia

Hi Dee! Yes, this is entirely legal. Employers have the right to switch an employee from salaried to hourly, and even to reduce the employees wages. Several states require that the employer inform the worker in advance, but the employer has already done that.

In most cases, if an employee quits due to a significant change in hours, pay or working conditions, the employee can collect unemployment benefits. However, if the employee continues to work, she has accepted the new terms and is not eligible for benefits. For more detailed info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Aeris

I was recently terminated from a high paying salaried position at an auto dealer on Nov. 11th 2008. Upon reciept of my final pay there was a deduction for a full months health care premium. I had requested that it be stopped and prorated for the 11th, as I do not wish to be covered for the entire month.

issue#2: I have a 75 mile commute one way to this dealership (and by the way, that is why I was terminated, for not moving to the area. the owner said it shows that I was not commited) so upon hire I sold my car to a customer and purchased a less expensive car from the dealership in order to cut my payment and save some gas. All the contracts were signed for both transactions, both deals have been funded and booked. Yet I get a deduction for $632 for what they termed “the difference in the two deals”. I did not agree to anything like this and both deals were reviewed by the general manager before being signed and funded.

issue#3: The owner and I negotiated the terms of my employment by email. The final email gave a detailed offer that included 2 weeks paid vacation. I have left him a voicemail and an email demanding I be paid for what was promised to me in writing. He returned my call and wants to have a conference call with myself and the stores GM on Monday (Nov.17th). What are my rights and should I participate in this call without or before legal representation.
Posted by: Amelia

Hi Aeris! Wow, this is certainly a complex situation. My suggestion is that you post your questions on our sister site at http://www.laborlawtalk.com. They’ll have plenty of insight for you. HTH, and thanks for readig the blogs!~ Amelia
Posted by: India

I was told by my employer that I could use my vacation days along with my sick days to get paid before my pay was changed. My boss, then told me that because she was pregnant and had other things on her mind, she messed up the paperwork and that it could not be fixed.

Am I not entitiled to my vacation days?
Posted by: Amelia

Hi India! Wow, that’s a complex situation. For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Dominic

Hello all. I was recently terminated from my assignment as a contractor/temp in North Carolina with a human resources outsourcing company. On Friday, November 22, 2008, I drove to work and I had my music up really loud when I drove up to the parking lot. My co-worker also carpooled with me and my sister took my car for the remainder of the day so we switched places.

Anyway, my team had a potluck and I brought in two hams. They were in the backseat of the car and juice from the meat spilled everywhere. My co-worker stood on the sidewalk and watched me laughing. Another worker commented to my co-worker that clients are coming to the building today. I commented “Oh, my gosh!” since the ham juice ended up all over my car. The lady then asked my co-worker for her name and she gave it to her.

As soon as my co-worker saw my manager she reported the incident to her and was told not to worry about it. Later on that day, my co-worker and I were brought into the office and reprimanded by her manager and the contracting manager about our professionalism even though we both were off the clock during the time of the incident.

My co-worker’s manager said an email was sent to them about the situation and she read the email to us. Apparently, the woman who spoke to my co-worker was the assistant to another woman who is like an executive within the company we were assigned to. She sent the email and asked for a follow up as to the decision that would be made regarding my co-worker and I. The decision was made to give us both a final warning even though, I have never been reprimanded for anything before. I am not aware as to whether or not my co-worker has been reprimanded for anything before.

When I reported back to my desk, the woman who was the executive in the company pulled my manager from his desk along with my co-worker’s manager to talk to the both of them and when I was getting ready to leave for the remainder of the day, my co-worker’s manager said that she needed to talk to my co-worker and I again. We met with her and it had been determined that we were terminated from our assignment with the company. The reason being was because it was indicated to us that both inconsistently meet company needs after being ranked on our performance. Once being ranked, you are supposed to receive your ranking or where you stand in order to improve. I never received my ranking and I never knew where I stood.

I am an educated African American man and I strongly believe in my heart that the decision to place my co-worker and I on a final warning was granted and since the executive’s assistant did not have her way with getting us both terminated, she went to her boss who came and spoke to my manager and my co-worker’s manager and had us both terminated with the reason being that we both inconsistently meet. I don’t know how I was told that I inconsistently meet when I have been told that I am one of the best on my team and that I have nothing to worry about. My adherence is always above the 90 percentile. Due to my adherence, I was given the option to report to work 30 min. early and leave 30 min. early everyday which I accepted. I never called off of work and normally, I reported to work on time. I think that the termination was unjust and I am seeking advice as to where I should turn to. It was even told to us that when we receive our rankings, we would have time to improve. I never received my ranking and was let go as soon as I received it so I didn’t have time to improve. Please help me.
Posted by: Taquilla

Hi Dominic! I’ve been asked to respond to your questions because I’m an African-American Human Resources professional. My opinions are my own, and do not necessarily reflect those of laborlawcenter or this site.

It’s going to be hard for you to pursue a case for wrongful termination as a contract/temporary employee. The reason why employers hire contractors and temps is so they can easily be terminated if the employment relationship isn’t a good fit.

Can the employer discipline or discharge you for unprofessional conduct while on the property, but off the clock? Yes, they certainly can. Imagine if an employee were running laps at the building entrance dressed in a speedo and Captain America mask. Even though the conduct is not illegal, it is inappropriate. Their thought process would be that it was unprofessional and embarrassed the company as a whole, especially if prominent clients were expected. They would be very likely to terminate the employee.

We agree with your assessment of the situation. The executive’s assistant is a humorless prune. She sent an email to your coworker’s supervisor, and probably copied her boss on it. Your coworker’s manager felt it was serious enough to issue a final warning to both of you. When the executive learned of this, she disagreed and insisted that the two of you be terminated. (It is possible that the executive was not initially aware that you were a contract/temp employee. Many companies basically have a “one strike and you’re out” policy for serious infractions by temps.)

The only grey area here is that the company is saying it terminated you because you inconsistently met its performance standards. I suppose that they will justify this by saying that unprofessional conduct in front of the building does not meet the company’s performance standards or needs, regardless of how good the rest of your work is. This would be a “cleaner” termination if the company just fired the two of you for unprofessional conduct. But my best professional opinion is that this termination would stand up to a legal challenge.

Do I feel that there is a cultural component to this termination? Yes, I do. Do I think that it meets the legal definition of employment discrimination? No, I do not. Let me explain.

As African Americans, it is part of our culture that we freely, openly and often very loudly express our normal human emotions. We see this as a celebration of life. And we often see people from other cultures who don’t express emotion as freely as repressed, cold, uptight or unfeeling.

(Having the loud music on just compounded the problem. Is it possible that the lyrics might have been offensive to some people?)

However, sometimes people from other cultural sub-groups, (such as Caucasians) see these very human expressions of emotion as undignified, unprofessional or “making a scene.” Part of their culture is to not openly or loudly express emotion, even extreme grief, anger or laughter.

Yes, it would be wonderful if such cultural differences were tolerated and even celebrated in the workplace. At a few companies, they are. But there is no law that they must be.

Each employer gets to establish its own company culture. This employer was sending a clear message that “making a scene” in front of the building when important clients are expected is not acceptable in their company’s corporate culture. Unfortunately, there is no law that companies must tolerate alternative cultures. (Frankly, we’re surprised that such a rigid company would even tolerate potlucks.)

If two employees of a different race or color, who caused a similar “disturbance” in front of the building, would not have been terminated, then this is illegal discrimination based on race or color. But frankly, my experience in HR has been that two temporary employees of any race who caused such a “scene” on a day when important clients were expected, would be terminated in many companies.

You can certainly file a discrimination complaint with the EEOC at http://www.eeoc.gov. They will investigate it and if they find it has merit, they will sue the employer on your behalf. We do not suggest that you spend money on an attorney for a discrimination or wrongful termination suit, but that is obviously your choice to make.

(A few states, such as California, require that employers try to work out problems with employees before terminating them. North Carolina has no such law. And even then, the law probably would not apply to a contract/temporary employee.)

It is obvious from your post that you are a very thoughtful, intelligent, articulate, hardworking individual. It seems that this company’s very rigid, uptight corporate culture was probably not a good match for your personality. I would chalk this one up to “live and learn” or “stuff happens” and begin interviewing for other positions. If they ask why you were terminated, simply say it was a misunderstanding, or not a good fit, without going into details. Or since you were a temp, say that the assignment ended, again, without going into details. It sounds like your immediate supervisor at this job will give you a good reference, which is also a bonus. HTH, and thanks for posting a really interesting question!~ Taquilla
Posted by: Ronnie

I reciently worked for a company that sub-contracts for a major home improvement store. I had worked for this company since April 08. I worked a series of jobs, 6 in all, in which I had to reset 5 bays, and put up the new POP. I also had to take pictures of my work and submit it to my company, which I did. I ended up going to the stores at least 4 times to retake the pictures and submit them. I was to be paid $168.00 per job, or day. They paid me for 3 of the jobs only after 2 months of complaining, and now refuse to pay for the remaining 3 jobs. When I complained this time, they took the jobs off of my payroll sheet, as if they never existed. When I complained more, they shut me out of being able to log in altogether. They owe me $504.00, and I need some kind of help to get my money, and let others know how they operate. The company was a merchandising company, located in Raleigh,NC. I almost got evicted behind this.
Posted by: Amelia

Hi Ronnie!This is a tough situation. It actually sounds like you were working as an independent contractor, not an employee. There is a big difference in terms of your rights to payment. Employees must be paid at least the state or federal minimum wage for every hour worked. Independent contractors are paid a fee for each job completed. They need not be paid unless the company is satisfied with their work.

For some reason, it sounds like the company you worked for was not pleased with the work you did. They refused to pay for part of it, and are basically refusing to give you any more work. We are not saying that they are right, but they can do this.

At this point, your best bet is to take the company to small claims court and sue them for the money they owe you. You do not need an attorney for small claims court. Be sure to take the photos and other evidence you have, that you actually did the work. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: darth

Today I was told my position was eliminated after 3 years.The company had to let 3 people go.They had a posted seniority list and I had 8 people with less seniority below me.I was told I was being let go because of my performance and a incident that occurred 7 months ago.Since that incident my work had been outstanding.I had received awards for my performance and had received excellent reviews from my employees,production manager and supervisor.The company was hoping some older employees would take the buyout but they did not.Seniority mattered when I got the job now all of a sudden it does not.I was basically left with a HR person and he told me he would get with me on a package. Two supervisors had spoke of hoping certain employees would keep their jobs and these had less job skill than I did. In my new position I had a more technical job and I made the same mistakes as older employees in my job but at the time their mistakes were not documented. I’m shocked because everyone including my supervisor had told them how well I was doing. To top it off my plant manager told me if business picked back up I would not be rehired if it was up to him. Can I do anything and should I be careful what I sign when I get my package? I know of employess who made mistakes recently on the job and nothing was documented or said. It seems that some employess can make mistakes and nothing is ever done.I’m just shocked at how I was dismissed as it was nothing I did.
Posted by: Amelia

Hi Darth! Employees should always be careful what they sign at termination. In particular, you want to not sign away your right to collect unemployment (by resigning) or your right to sue for wrongful termination or discrimination. Unfortunately, any severance package the company offers will likely require that you sign away some rights. (Companies are under no obligation to offer a severance package, and can set whatever conditions they like on it.)
Companies can set whatever criteria they like in deciding who to lay off — it does not strictly have to be by seniority. It sounds like you may have a case for discrimination, if other employees made the same mistakes as you, but were not terminated. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: darth

Thanks.I was not fired nor did I resign.My job was eliminated.Since that happened Im hoping I can get unemployment if I need it.Its one of those situations where the company is restucturing and had to eliminate some positions.
Posted by: darth

Will getting a severance package mean I cant collect unemployment benefits?
Posted by: Amelia

Hi Darth! Whether or not you can collect unemployment will depend upon the separation agreement that you sign. Almost all employers require workers to sign a separation agreement, to receieve a severance package. That is why we recommend that you read the separation agreement carefully, before signing it. Many employees do not realize that the agreement basically says, “I quit, and I am not eligible to collect unemployment benefits.” In some cases, the employer will offer severance only to employees who agree to these terms. In other cases, there may be some flexibility.

It is more common for employers to agree to unemployment for workers who are laid off, rather than those who are fired for cause. HTH! ~ Amelia
Posted by: darth

OK Thanks.Even though it was sudden and I was well liked and my performance was well at the time ,it was more troubling to my coworkers.I basically had to console many of them.I had a great job making well over $60,000 a year.Jobs like that dont come easy.But you know Im determined to find me another well paying job.I am also going to make sure I have my own means of income in addition to a job.Thanks for the advice and to anyone who has lost your job keep smiling and have faith in God..Isiah 41:10…
Posted by: Amelia

Thanks, Darth! With an attitude like that, you are sure to go far!! ~ Amelia
Posted by: darth

I hope so.It seems like a decent company. I went out of my way to thank my supervisors for the job so as not to burn any bridges. I doubt I would return even if they called me back. I’m going to attempt to work for myself in some way so as not to be dependent on just one job.In this day and age you have to have options.
Posted by: darth

I have another question. When I sit down with the HR people and go over my severance package, what if there is a condition to my severance package that says I can’t file for unemployment benefits? Can companies do that? If I refuse to sign away my rights, which I don’t plan on doing, what legal options if any do I have? I was told this would not happen but I like to be prepared and I’m not naive to trust any large company.
Posted by: Amelia

Hi again, Darth! There is no law that any company has to offer a severance package to employees, ever. If the company does offer severance, they can set whatever conditions on it they like. So when an employee is presented with a severance package, the employee always has three options: 1) sign it 2) refuse it 3) try to negotiate.

If your employer says that they will not oppose you seeking unemployment, that is probably true. But just to be sure, read the agreement before you sign it.

Sometimes severance packages include a statement that the employee is voluntarily resigning. Employers try to present this as a positive, but an employee who is fired or laid off is more likely to collect unemployment benefits.

If there are portions of the severance package that you disagree with, you can strike them out of the agreement by just drawing a line through that portion of text, and initialing the change. However, the employer is under no obligation to accept your changes.

Often, severance packages are a “take it or leave it” deal. The employee agrees to the terms of the package, or the employee receives no severance pay. This is perfectly legal and there is no recourse for employees. If any attempts at negotiation fail, you need to determine if the dollar amount of the severance package is more than you will collect in unemployment benefits. If it is, then the severance package is still a good deal. If not, you may want to decline the severance package.

But again, we doubt that you will be in that position with your current employer. For more info, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: iTashaLIL

Interesting

Can you help me. I have problems with your web site. It it works not fast.
Can somebody help me to solve the problem or explain why it can be so?

Thanks for help
Posted by: Amelia

Hi ItashaLIL! The site works best with a high-speed internet connection. If you are performing searches, it is a little slower, because it is so rich in content. We have literally thousands of articles on the site, in hundreds of categories. So the answers to your employment questions are probably here, but it may take a few minutes to find them. HTH, and thanks for reading the blogs!~ Amelia
Posted by: darth

I have another question.My job was eliminated on Dec1.The company is paying me for December and a lump sum in January.Can I file for unemployment now or must I wait till I get the package?
Posted by: Amelia

Hi Darth! You can always apply for unemployment, but because the company is paying you for December, you are technically not unemployed until January 1. Your claim will probably be denied if you apply before then. Cheers! Amelia
Posted by: KRISTINE

Hi! I work for a small accounting/tax firm. The owner is very controlling and hard to get along with. We cannot keep help because no one will work with her. Well, we finally got a girl tht has come in to work for the tax season and the boss came to me and told me to put her in the front office so that we would be separated because the boss wanted absolutely no personal conversation during the day. That was done but then the boss came back and insisted that we close the door between the two offices, even though we had not been talking through the open door. Is it legal to refuse us to even speak to another employee during the whole day?
Posted by: Amelia

Hi Kristine! Is this legal? Yes, it is. Is the boss a reasonable person? No, she is not!! There is no federal or state law that protects the employee’s right to chit chat with others during the work day. Many employees find it pleasant to do so, and in many cases it does not affect productivity. But an employer can certainly forbid it if she chooses.

In this case, the boss is probably afraid that you will tell the new employee that she is controlling and hard to get along with. Or, she may simply be worried that your productivity, or the new employee’s productivity, will suffer due to excess chatter. As an employer, that is her right. An as employees, you would certainly be within your rights to look for a new employer, after the holidays. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: immaryasype

Hi

As newly registered user i just wanted to say hello to everyone else who uses this bbs
Posted by: Amelia

Welcome, Immaryasype! You may also enjoy the forums on our sister site at http://www.laborlawtalk.com! ~ Amelia
Posted by: DesyDuade

Most peoples says that you need, other that you dont.
Do I need it?
Posted by: Amelia

Hi DesyDuade! Do you need what???~ Amelia
Posted by: Dugheagetreme

hey guys, i’ve just registered here, and thoutht that it would be nice to say hello to all of the other users
Posted by: Amelia

Hi Dugheagetreme! Welcome!~ Amelia
Posted by: louise

Please help me. i currently work for a company that recently docked employees for 30 minute meal breaks which had not been punched out for. The administrator filled out and signed “missed punch form” signed them with his name and then had them presented to employees to sign. This was supposedly done because in calculating time for payroll there was a total of 70 hours of missed meal breaks.
The company policy is that if an employee misses a meal break for whatever reason hen their immediate supervisor is to sign and verify the reason why, it is then presented to the department head and approved for the employee to be paid for the 30 mins. I was presented with a form (pre filled out by the administrator) and refused to sign it because on the meal break was taken but when i returned to work i then worked for 8 additional hrs without a break.
I approached and discussed this with the administrator who then approved pay for the 30 mins but when i recieved my next pay check not only were the 30 mins not there but also 8 hrs of pay for my christmas holiday because the form was not turned in on time. My supervisor had my form and given it to the payroll person on time but since it was turned in on the Monday after supposedly doing payroll on Friday I was told I would have to wait for next paycheck to get paid. I know for a fact that payroll is started on Friday but is able to be done up until noon on the following Monday. Is this practice of docking pay and omitting pay because the payroll person says “i’ve always done it that way and that’s the way it is” legal?
Posted by: Amelia

Hi Louise!
Thanks for posting your comments. Unfortunately, we are going to have to agree with the employer on this one. But first, a word to the wise. When an employee has this type of adversarial relationship with management, her long-term employment prospects are not very good. Unless you can see your way through to improve these relations, it would be smart to start looking for another job.
You did take a 30 minute meal break, and you are not entitled to payment for it. In fact, at many companies you could be terminated on the spot for falsifying timeclock or payroll records…by not clocking out for the break. So it sounds to us like the administrator handled it very appropriately.
The fact that you worked an additional 8 hours without another meal break is not really relevant. North Carolina does not have any law requiring meal breaks. Many people are required to work 12 or more hours every day without a meal break.
Payroll at your place of employment is done on Friday. The supervisor turned in your holiday pay form on Monday. What’s to understand?? Yes, if you were an extremely kind, cooperative employee it is possible that the payroll department could have made an emergency exception and processed your holiday pay in that payroll, instead of waiting until the next. It’s even possible that if you were the easiest employee in the world to get along with, your supervisor would have turned in the holiday pay form on Friday. But none of those things happened.
As much as we’d like to help you, there is nothing even faintly illegal about the way this company has handled your pay. Sorry we can’t be more help, and thanks for reading the blogs!~ Amelia
Posted by: Tallmix

The company I work for has us all on temporary layoff .Yet the Manager there has told us the we must stay on call without pay just in case an order should come in, and further more if she should happen to call on me and I’m not next to the phone she will not sign me up for unemployment. Wondering is this legal?
Posted by: Amelia

Hi Tallmix!
The employer has the right to temporarily lay off all employees. They even have the right to request that if they call you, and you are at home, you come in to fill the order. The manager does not have the right, or even the power, to deny you unemployment benefits. She is just making an empty threat. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Mary Lu

I work for someone who has office meetings and tells all of his employees the reason the practice isn’t doing so good is that we aren’t friendly enough ad making patient feel special. Also we work 12 hours with no breaks and 1/2 hour lunch break if that.He also told in our lastest meeting if we get caught talking about anything he would fire us and he would tell the unemployment office that we got fired and not to pay us unemployment, I was under the understanding that if you get fired you can collect unemployment? Am I right?
Posted by: Amelia

Hi Mary Lu! We are sure that this work environment is unpleasant, but we doubt that it is in any way illegal in North Carolina.
It sounds like the doctor/owner could develop a much more effective leadership style. But all he is really asking is that employees be friendly and protect patient privacy.
Under the federal HIPAA law, employee are prohibited from disclosing a patient’s private health information — even to each other, unless it is necessary in the course of treatment. The employer can and should fire anyone who violates this law.
Employees can usually collect unemployment only if they are out of work through no fault of their own. An employee who was fired after taking too much time off due to an illness would probably qualify for unemployment — after all, she can’t control whether or not she gets sick. An employee who was fired for willful misconduct — like violating the HIPAA law — would not qualify for unemployment. That is because the employee could control the actions that led to her being fired.
For more info, feel free to post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Mary Lu

Hi Amelia, the doctors, and the staff are wonderful to work for, but it is the practice owner who is making all the rules. So what you are telling me is that it is okay for employees to work 12 hours without a break or a decent lunch hour?
Also, The threat of firing has nothing to do do with patients or and HIPPA violation, this is about a policy book that the practice owner made and promised us, things like PTO time, raises, paid vacation time, that was in the policy book, but has never in 1 year happened, and then he took out the pages that stated about the above things promised and he revised it and never told us, nor did anyone ever get a copy. He also states that if he catches us talking about how unhappy we are with no PTO time, raises or vacation time off , he will fire us and tell the unemployment office not to give us any unemployment, I hope that I explained much better this time. Thanks
Posted by: Amelia

Hi Mary Lu!

Unfortuantely, yes, it is legal in North Carolina for an employee to work 12 hours or longer, with no break. Nineteen U.S. states have laws that require breaks for almost all employees. North Carolina is not one of them.

If the North Carolina employer has made wage benefit promises in writing, such as promising vacations or PTO, then the employer may be required by the North Carolina Department of Labor at nclabor.com to follow through on those wage benefit promises. However, the employer is free to change those benefit policies, in writing, at any time.

Many employers have rules against employees griping about the employer on work property, or on work time. If an employee violated this rule, they could be terminated for misconduct. And often, an employee who is terminated for misconduct does not qualify for unemployment benefits. The assumption is that the employee controls whether or not he/she gripes about the employer, at work.

We agree that this is a tough employment situation, and we understand your frustration. This practice owner is a jerk. Unfortunately, there is no law against jerks in the workplace. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Shelley Hudson

I have been employed part time at a pottery painting studio in Charlotte, NC since April 2008. I quickly became the “custom painter” for customer orders requiring detail finishes and lettering, as assigned by the studio owner. Over the past months, I’ve developed quite a customer base and have many referrals and return customers. I enjoyed the job immensely because I’ve been an artist my entire life and this job gave me the opportunity to utilize my talents and help others. Since I started, the store owner also gave me the position as manager in her absence each time she’d be out of town or off work for a few days. I have had no problem working additional hours, no problems with co-workers, and no problem with the owner until recently. Just before Christmas, I was given my review and promised a raise by the owner. When my paychecks didn’t reflect the raise, I asked her about it. Then I noticed in three pay periods, my paycheck was short. I asked her about this as well, and she never gave a response. When working with my co-workers, several of them also brought up that they were getting less hours than they had turned in on time sheets. Our time sheets are hand-written and we don’t get copies of them–we’ve just all assumed we’d be paid for time worked. When I took notice of these things, I addressed it with the owner directly and asked to review my time sheets to see if I was making the errors. Her response was in an email saying that her records were with her CPA and she didn’t have them in her possession any longer. Then a few weeks ago, she sent out an email cutting 24 of my hours from the month of January. No other employee received these cuts. I went to the store and asked her if there was something that I had done wrong, and she just said she was not making the numbers she’d hope to and had to cut back. With that, I stated that I understood. Then she didn’t put me on the schedule at all for February, and I again went and discussed this with her since several of my co-workers who were on the schedule were hired after me, and unless I had done something wrong, I felt it was unfair to cut me first. She was agreeing and said it had been a “knee-jerk” reaction on her part and thanked me for coming in. The following day, I got a “dear john, thank you for your work. take care” email, terminating my position. I feel that I’ve been treated unfairly and want to know what my rights are. Any advice would be most appreciated.
Thank you, Shelley
Posted by: Amelia

Hi Shelley! Under both the federal and North Carolina minimum wage laws, an employer must pay workers for every hour (or portion of an hour) that they work. The employer is also required to keep accurate payroll records.

It appears that when this employer encountered financial difficulties, she chose to ignore the law and began shorting everyone’s checks, paying them for fewer hours than they actually worked.

You should report this wage violation to both the North Carolina and U.S. Department of Labor. It will help if you can be as specific as possible, for example: I worked 36 hours the week of 1/15, and she only paid me for 30.

Once you file a complaint, the agencies will likely investigate all the employees hours and wages.

Usually a North Carolina employer can fire anyone that she likes. Terminations or reductions in hours do not have to be based on seniority or even on job performance. However, in this case it appears that the employer was retaliating against you, when you complained about her breaking the law. That may well be wrongful termination, and you should discuss that with the U.S. Department of Labor as well. HTH, and thanks for reading the blogs!~ Caitlin
Posted by: Darth

My sister works at a bank and was fired yesterday over the phone.Give you a history.She was at the job 7 months.Never had a complaint or evaluation at all.She left out some personal customer info by accident.They told her not to do it again and gave her a warning and 3 month probation.Keep in mind they didnt give her work area the proper equipment to secure personal info.They instead told her to store her info in the bank vault.She said Yesterday due to weather she couldnt come in.Then she gets a call from the 2 managers that she left paper out again.They told her she was fired.She says she knows she didnt .Ialso told her I told her it sounds very suspect to me.You go from a verbal warning to termination.She has been a excellent employee never out of work and I personally think their were a few jealous employees because my sister has her degree and basically came in the bank and was put in a position many wanted but lacked the education.My sister came into a bank that was problematic in her area and made it right.She was never trained for it but she is very smart and made it right.Does she have a case ?I think something is wrong here.
Posted by: Amelia

Hi Darth! Unfortuantely, your sister probably does not have a case for wrongful termination. Under the employment at will doctrine, a North Carolina employer can fire any worker, at any time, for any reason or for no reason. Almost the only exception is illegal discrimination based on race, color, sex, age (over 40), religion, pregnancy, etc.
It stretches the imagination to think that a management team would fire someone because her coworkers were jealous. That is not how most employers operate. Since your sister is bright and well-educated, she will no doubt find a better job and do well at it. HTH, and thanks for reading the blogs!~ Amelia
Posted by: darth

Well how can we get these laws changed?
Posted by: Amelia

Hi Darth! Employment laws are primarily state laws. To change the employment at will doctrine, you would need to contact your member(s) of the state legislature, and they would sponsor a new bill. If it passed, it could be signed into law by the governor.
Some states do set severe restrictions on the employers ability to terminate an employee. In California, for example, the employer has to follow a process of reprimands and counseling before firing an employee for poor performance. HTH, and thanks for posting your comments!~ Amelia
Posted by: undecided

I was suspended from work for 3 days without pay on 2-23, supposed to report back to work on Fri 2/27 indicated by my supervisor. My supervisor called me today and told me that I needed to be on call this afternoon. Originally I was on call for tonight until he suspended me. I mentioned to him that my suspension wasn’t up until tomorrow when I report to work, he said that since you were on call it’s not fair that someone else do your on call, what am I suppose to do. I am out of town and he told me I needed to come back, I need to know what my optoions are, if I dont come back im sure they will fire me. I need you help
Posted by: Amelia

Hi Undecided! Our recommendation would be that you be on call if you don’t want to be terminated. It is very unusual for an employer to end a suspension early, but employers are not required to give employees advance notice when they are expected to work. HTH, and thanks for reading the blogs!~ Amelia
Posted by: undecided

thanks for responding, well i didnt know i was strill suppose to since i was suspended. iam a mobile xray tech and i drive to differenf nursing homes to take xrays, well like i said earlier i was out of town and i didnt get back until 11:00 lastnite and had to go out to shoot 2 xrays, i left home at 11:30 didnt return home until 3:30 this morning, suppose to start work by 9am, im still dealing with getting ova a cold and plus im very tired, i had a very long day yesterday, i just couldnt get up this morning so i called in sick/exuasted. i have at least 40 hours of sick time so what is the law for driving for a living and the amount of rest you are required to get if you work the night b4, thanks
Posted by: Amelia

Hi Undecided! The federal laws limiting the number of work hours for drivers and mandating sleep hours only apply to long-haul truckers, not other employees who drive as a part of their employment. So there are no relevant federal or state regulations.
Besides, the employer will likely argue that if you had slept all day on Friday(instead of being out of town and having to drive back) you would still be rested enough to work today.
A few states have laws about the minimum number of hours between scheduled shifts — North Carolina does not. Sorry. HTH,and thanks for reading the blogs!~ Amelia
Posted by: CHERYL

If an employee is working for $13 per hour, and transfers to another department in the same store, can the employer reduce your hourly wate? Thank you, Cheryl
Posted by: Amelia

Hi Cheryl! Yes, if the employee transfers to a different department, the employer can reduce his or her wage. In fact, the employer can reduce anyones wages at any time, as long as the employee is informed ahead of time. It is perfectly acceptable for an employer to pay workers in different departments (presumably doing different jobs) different rates. The employee normally would be entitled only to the usual rate for that job. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Justin

I was wondering if I could do anything about the use of slander at work. I am doing this on behalf of a coworker who is constantly belittled and pressured at work and the Manager is there witnessing the entire events. This happens every week and I am personally tired of watching this and having nothing done about it. So, are there any laws that can be used against this case?

Thanks,

~ Justin
Posted by: Amelia

Hi Justin! Bullying is fairly common in the workplace. Although most of us find it distasteful, it is usually not illegal.
If your friend is being targeted due to his or her race, color, religion, national origin, sex, disability, or age (between 40 and 70) then these actions may be illegal discrimination. If this is the case, your friend or you should file a complaint with the EEOC.
However, if your friend is being targeted for another reason, or for no reason at all, then this conduct is probably not illegal. It would not be tolerated at a well-managed company, but it is not illegal. The best thing to do would be to complain to the manager again — perhaps he or she thinks your friend enjoys the “teasing.”
Otherwise, the only real remedy would be for your friend to hire a lawyer and sue the coworkers for slander. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Yolanda

I was accussed of falsifying my hours I explained to the boss why my time coming into the offices and not into the actual building did not match up to the video, they had me at a total of 82 minutes late which equal to 1 hour and 22 minutes late for the month of Feb which equalled out to $11.86. I told them to take it out of my check for the month. Well they did take all $11.86 out of my check as well as placing me on a two week suspension without pay.
I feel like I have been punished twice.
What are my grounds with this situation.
Posted by: Amelia

Hi Yolanda! Sorry, but we disagree. The employer is legally obligated only to pay you for the time you worked. So the employer deducted the $11.86 that you were overpaid. However, that doesn’t address the issue of you claiming to be at work when you really were not — or falsifying payroll records. The two-week suspension is for falsifying records. Frankly, many, many employers would have terminated you for it. If you were genuinely working for the disputed 82 minutes, then the situation is different. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Handyman

Message
Hi. I recently discovered that my health benefits through my job were canceled nearly two months ago due to non-payment of the premiums from my boss. He never notified any of the employees, and has continued to deduct the insurance premiums from our paychecks. In the past month, I have undergones several expensive medical tests, as well as therapy sessions. Now, I find I do not have insurance to cover them. Who is financially responsible? What kind of laws has my boss broken by a) not notifying us that our insurance had lapsed, and b) continuing to deduct the costs from our paychecks?
Thank you.
Posted by: Unknown

Hi… My situation is this… Ive worked at my job for 3 yrs. now and I like my job , but my boss recently got in trouble with the labor board and now its like hes retaliating , hes starting to withhold 25% of my check every week and putting us on a point system… the point system works like so… say I make a $1000 a week… he holds $250 a week, at the end of the month for every point I get I lose $250 … 5 points and I lose a whole weeks pay for that month… is this legal?
Posted by: Amelia

Hi Unknown! No, this is completely illegal. Under both federal and North Carolina law, employees must be paid for each hour they work. (Salaried employees must be paid for each week they work.) Your employer cannot withhold a portion of your check in this way. Please report this immediately to the North Carolina Department of Labor at nclabor.com and to the Wage and Hour Division of the U.S. Department of Labor at dol.gov. HTH, and thanks for reading the blogs!~ Amelia
Posted by: cm

I have been employed with an agency for 15 years and of the 15, 14 of those have been in the management area. I am well versed on most all area of policy and procedures within the agency, have always been a team player, always have had high marks on evaluations etc. We have just had a job posted of which I was very qualified, probally the only one in the agency with ALL the qualifications needed. I applied for the position and was interviewed. I was passed over for the position and I think that there may have been some discrimination involved. I am a white female in my 50′s. Our boss is a black female also in her 50′s. During her tenure here we have had an overabundance of turnover. Everyone hired with the exception of 3 have been black. For the position I applied for they went outside the agency and hired a black female. The explanation given me was that she was already doing the same job at another agency and had experience in an area that I did not. However, I have learned that I have experience in an area that she doesn’t that is also coming under the same umbrella which she will have to supervise. The person hired also applied at our agency earlier in the year for a position that did not pay as much as this one, she was offered the job and turned it down because of the pay. The powers that be knew at that time that this position would be coming open as the person in that position would be retiring. I feel sure that she was told this and advised that it would be posted once the retiree left the agency. We have always been told that when interviewing and making recomendations we need to promote from within when possible. I feel sure that this person was hired because she was black. I feel that I was treated unfairly and discriminated against because of my race in this situation. Do you think I have a leg to stand on?
Posted by: Amelia

Hi cm! No, we don’t necessarily agree that you have a case for discrimination. You point out that the successful candidate had qualifications that you lacked. Apparently, to the hiring managers, those qualfications were the most important factors. You can certainly file a complaint of racial discrimination with the EEOC, or hire a lawyer and persue a discrimination case. However, there is no law that the employer must promote a less-qualified candidate from within, rather than hire a more experienced, better-qualified candidate from outside the organization. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Scott

I was let go from my company. I work and live in CA, but they are in NC. The 17th of this month is my last day, they said that they do not have to pay me my last check until the pay period which is the 30th. Is this true?
Posted by: Amelia

Hi Scott! No, this is not true. Just this year, the California state courts have ruled that California labor laws apply to all workers in the state, regardless of where the employer is located. Contact the California Deparment of Labor Standards Enforcement and file a wage claim (on the 18th) at the link below. The good news is, if the employer does not pay you within 24 hours, you may be entitled to up to 10 days of additional pay. HTH, and thanks for reading the blogs!~ Amelia
Read more at: http://www.dir.ca.gov/dlse/dlseWagesAndHours.html
Posted by: sarah howell

I want to work in chilcare and was wondering if several years back I was charged with larcency by employee and it is on my criminal record would that stop me from being employeed with a daycare in North Carolina there is nothing else on my record. thank you
Posted by: Amelia

Hi Sarah! This is entirely up to the daycare owner. If your conviction was for child abuse or a sex offense, no daycare would hire you. Most would avoid hiring an employee with a conviction for a violent offense. But while any type of criminal conviction is a drawback for employment, there is no law that would keep you from being a childcare provider in North Carolina. HTH, and thanks for reading the blogs!~ Amelia
Posted by: sarah

thanks amelia there is one more question I forgot to ask for my class , I want to make sure I give my class the right information. The question my professsor gave me was this a potential daycare worker has a felony larncery by employeee on there record, the offense was 6 years ago and she was convicted 3 years ago she has no other violations on her record. since or before is she okay in the state of north carolina to work with children.
Posted by: Amelia

Hi Sarah! Thanks for clarifying. Chapter 110 of the North Carolina general statutes requires that potential child care workers be fingerprinted and thier state and federal criminal history checked “to determine if they are fit to have responsiblity for the safety and well-being of children.” The law has a long list of criminal offenses that would demonstrate that the applicant is NOT fit to care for children, including homicide, rape, assualt, sex crimes, prostitution, DUI, drug offenses, selling alcohol to minors, public intoxication, etc. However, nothing in the statute suggests that an applicant convicted of larceny by employee would be determined to be “unfit to care for children.” This charge is basically embezzling, and does not pose a danger to the children. HTH, and thanks for reading the blog!~ Amelia P.S. Hope we both get an A!!

Read this section of the law at: http://nrc.uchsc.edu/STATES/NC/nc_law.htm#0_pgfId-1000089
Posted by: undecided

on april 21 i work from 9-6 which im scheduled to work form 9-530 but i was on overnight call so i work over, i am a mobile xray tech and i drive to different nursing homes, well i got paged out at 10pm that night got back home at a quarter til one in the morning, didnt get to sleep uintil after 2, left my supervisor a message that i would start late arount 1030 but i got call out again at 630 am so i had to get up and go again now mind you my shift startes at 9, i called another tech who starts at 730, i called her at 715 and explain that i was out the nite b4 could she go get that case she said no she couldnt, well i finished up about 10 and i was tired and sleepy so i left my supervisio a message that i was going home to rest, well she left me a message at 537 stating that i was suspended for one day without pay bc i didnt work my shift, now my question is, im on call again tonight, which they’re gonna call me out for call tonight but they wont pay me for hours work, if i go out tonight and work 4 hrs i wont get paid for them only for the xrays i take, so if i take two i only get paid 48 dol, but not for the hours, can they do that. it hasa happened to me b4 where i didnt get paid. when a supervisor doesnt like you, they can make ur job very hard and when they are trying to get rid of you they watch everything you do. what can i do. they write me up for everything,
Posted by: Amelia

Hi undecided! These are obviously horrible working conditions. With your skills, you should be able to find a better job.
We are unsure from your post whether you are an exempt or a non-exempt employee. Either way, you must be paid for this day, even though you are “suspended without pay.” An exempt employee is entitled to payment for the entire day anytime they perform any work at all.
A non-exempt employee must be paid for the hours he or she works.
An employee can be suspended for one day without pay — but then the employee does no work. All of this is a matter of wage and hour law, not company policy. Our suggestion is that if you are called out on the night you are “suspended” that you file a wage claim with both the North Carolina Department of Labor at http://www.nclabor.com/wh/wh.htm and with the Wage and Hour Divison of the U.S. Department of Labor at dol.gov. And, start looking around for a better job. HTH, and thanks for reading the blogs!~ Amelia
Posted by: undicided

iam a non-exempt, this has happen b4 in feb i think and i was suspended for three days and they made me pull called that night even though i was suspended until the next day, if by chance they want me to go out tonight, legally do i go and if i do i should get paid for the hours i work and if i dont then i file for wages, is it too late to file for the other hours as well.is there a law concerning suspenion or is that based on the company.
Posted by: undecided

i also have a couple of questions, as being a non-exempt employee all hours work after 40 hrs are overtime work, well with this job anthing over 40 hours we dont get paid time in a hlf we get paid half of our base pay, for example if i make 10.00 an hour and i work 50 hours i get paid 10 hours at 5dol an hour, is this legal. what do i do
Posted by: Amelia

Hi again, un! Yes, sadly, this is probably legal. It is called the fluctuating work week. And to be honest, it pretty much sucks, but it is legal. Read more about it at: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.114.htm HTH, and thanks for reading the blog! Amelia
Posted by: Amelia

Hi Undicided! Legally, if the employer puts you on call tonight, and you do not go, you can be terminated for insubordination.
However, both North Carolina and federal wage and hour laws require that employees be paid for every hour that they work, period, even if they are “on suspension”. The employer can’t have it both ways. If you are suspended, you are unpaid and not working. If you are working, you must be paid for that time. Legally, employers must keep accurate payroll records of time worked and wages paid for 3 years. Therefore, you can usually file for past due wages up to 3 years ago. HTH, and thanks for reading the blog!~Amelia
Posted by: undecided

on april 21 i worked my shift from 9to530 but i worked until 6pm, i was on call so i got called out again at 10pm left home(mobile xray tech) at 1040pm got back home and 1245am, left my supervisor a message at 2am that i would start late at 1030, but i got call out again at 650am, this is all in a 24 hour period, i left home again at 740am to go and do the xray i finished up about 10am on wed. i called my supervisior again after i finished that case thatt i was tired and that i havnt had much sleep and i was going home to get me some rest, and if she wanted me to leave my xray machine, she never responed to my message. the next message i got from her was thurs morning when i got ready for work, she had left me a message on wed. afternoon at 537 saying that i was suspended again for 1 day for thurs, without pay for not working my shift on wed.(after not getting much sleep from the night b4)and that she would touch base with me concerning friday. i responded to that page and said wow you suspend me for wanting to go home and rest, and that was a cowardly way to suspend someone over the phone, well later that day i got a call form my manager suspending me again for friday, well i had to meet with them on mon the 27th when they terminated me for alot of stuff i guess, i can’t count how many times i have been written up, from asking the supervisior why, or as she say complaining, i have been with the company for 5.5 years and i have been keeping a journal of incidents that have happened, how i was treated unfairly and how she has been creating a hostile place for me to work, i also have witnesses and other co-workers who will give statements on how this supervisor been treating me and her behavior. i just want to know do i have a case to persure for them firing me, also i was suspended b4 and Doug (manager) called me out to pull call even though i was suspended and did not pay me for the hours work, told me i was not entitle to it b/c i didnt work my 8 hr shift. pls help me. on the day of the termination meeting i asked for a copy of everything in my personal file and they told me they couldnt give me everything but only certain things and anything else it had to be a suspenia, court ordered. pls help what can i do
Posted by: Amelia

Hi undecided! In our opinion, no, you probably do not have a case for wrongful termination against this company. You can certainly consult an attorney who may give you a different opinion.
In most organizations, when an employee is on call at night, the employee is still responsbile for working his or her scheduled shifts during the day. The basic problem here is that you seem to assume that if you don’t get much rest the night before (due to calls) you can skip work the next day or come in late. This employer has made it abundantly clear that this is not the way they operate. (There is no law that limits the number of hours that the employer can require you to work.)
For example, on Tues. April 21, you left work at 6 pm. You could have slept 3 or 4 hours until your first call at 10 pm. You then returned home at 12:45 am, and could have slept about 6 hours until almost 7 am.
You know from your past posts that when you call in the day after you don’t get much sleep, the employer takes disciplinary action. They are entitled to do so. There is no law that employees must be permitted to sleep 8 consecutive hours, or even to sleep 8 hours total. There are many industries where employees must occasionally work on 3 or 4 hours of sleep. We don’t agree with or approve of these working conditions, but they are lawful.
If the employer allowed employees of a different race, sex, color, religion, etc. to call in under similar circumstances without being disciplined, then this may be illegal discrimination. But we see no indication of that in your posts.
A hostile work environment occurs when an employee is the target of abuse or negative actions (usually by coworkers) because of the employees race, color, sex, religion, pregnancy, disability, etc, AND the employer is aware of these actions, AND the employer takes no steps to eliminate them. For example, an African American employee who regularly finds nooses hanging from his locker or the n-word written on it, is in a hostile work environment. We see no indication that this is a hostile work environment. It’s simply an environment where the employer expects workers to show up for their scheduled shifts.
We disagree that the supervisor was being cowardly in informing you via phone message that you had been suspended. Apparently you were sleeping, and did not answer the phone. How else was she to communicate with you? By carrier pigeon? Mental telepathy? Or would you rather show up at work on Thursday and be sent home? Texting or leaving a message was a good way for her to deliver the required information while avoiding a confrontation. Even if you believed her action was cowardly, it is unwise to insult your supervisor by saying so.
There is no legal obligation for the employer to give you a copy of your personnel file.
All in all, we think that this job was probably not a very good fit for you. As we have pointed out in responses to your previous messages, you have excellent skills as an x-ray tech, and should be able to find a job where you will not be on call in the evenings. HTH, and thanks for reading the blogs!~ Amelia
Posted by: undecided

after a call night, i neva ship work the next day, i mite take mabe an hour off the next morning but never called out twice in one nite, and when i stated that she called me it was paged to me, she never called my cell or house phone so therefore no i couldnt answer. maybe we’re not understanding each other here, getting off work in the afternoon, who goes home and go to sleep right away, or when i come in from work when i get called out, go and jump right in the bed, im just trying to be realistic here, maybe i misunderstoood creating a hostile work environment, b/c i didnt read where it talk about only iof it has something to do with color, race etc. i thought being mistreated at work doesnt have to come from a co-worker, i have documents and witnesses how this supervisor behaves at work and if she doesnt like you she makes ur job hard. i neva complained about getting 8 of hours of rest, i just needed to rest before i drive all day. as her being my supervisor she could have called me and told me i needed to come bac to work if thats what she wanted, she had the authority to do that. and i couldve very well took a sick day, well im going to look further in to it and if it never goes anywhere i know that what ever goes around comes around, thanks
Posted by: HsPoonLex

A warm greeting to everybody! My name is Raleigh Burnett, a new member of this forum and hope to have a good experience here
Posted by: Amelia

Hi Raleigh! Welcome!~ Amelia
Posted by: wrownpher

Hi everyone.
Just joined and wanted to say hello. I have been around the forum for a while, reading and getting a feel for the atmosphere and now I have decided to join. I will read around a little more before adding my $.02 so I don’t embarrass myself.
Thanks for having me.
Posted by: Amelia

Welcome, wronpher!
Posted by: sharonkrropxx

Hi all!

I`m new user on this forum. My name is Sharon I`m 23 yo girl from New York.

I hope to have good time here
Posted by: Amelia

Welcom, sharonkrropxx! ~ Amelia
Posted by: gapster

I have been working for a new small company for a year this month. Back last November the owner told us the company did not have enough to pay us, but the owner said that he was looking into getting a small business loan and pay us our wages. During the following weeks and months we kept being promissed that he was close to getting a loan, but this did not happen. This week I was notified that I was no longer going to be employed. The company now owes me a considerable amount in wages promissed. What recourse do I have to try and collect these wages due? Thank you for any ideas.
Posted by: Amelia

Hi gapster! You should immediately file a wage complaint with the North Carolina Department of Labor. If the amount owed is small enough, you should also take the buiness owner to small claims court. You do not need an attorney for small claims court.
Sorry, but we have to ask: what were you thinking? This employer must have been very,very convincing. If we understand your question correctly, you have been working for 8 months without pay. An honest and ethical employer does not operate this way.
When an employer misses even one payroll, it is very likely that the employer will go out of business. Often, when that happens, employees never collect for back wages. Even the department of labor can’t get blood out of a turnip.
Any employee who is not being paid is better off collecting unemployment while they look for a “real” job, rather than continuing to work for a deadbeat. HTH, and thanks for reading the blogs!~ Amelia
Posted by: TSC

Amelia, I read the note above from gapster. I have a similar situation. The employer has missed several pay periods and has also short paid us numerous times because of working capital. As for what gapster was thinking…I’m not sure but he was probably thinking that with the unemployment rate at over 11% in our area finding any job now is tough. When I am being paid my (salary) is decent. My unemployment amount of $377 a week won’t afford me to live. My employer has me in a tough spot because if I quit it will take me a while to straighten out my claim with the ESC and if I work I am only partially paid. My back wages are well above the limit for small claims court. I am the only women at the business. Any claim with the Labor board must be given along with your name. At the moment I place a complaint I won’t have a job, and the unemployment benefits if I can get them won’t kick in for a while….Now what?
Posted by: Amelia

Hi TSC! Thanks for clarifying. Yes, we can understand that being paid something is better than being paid nothing.. at least for a while. You are the only one who can determine if the amount you are being paid is worth the work you are doing. (However, we don’t have much faith that your employer will ever give you the back wages you are owed.)
Theoretically, it is illegal for the employer to retaliate against an employee who files a good-faith complaint with the North Carolina Labor Board. But this employer has already demonstrated that he or she doesn’t mind breaking the law, by not paying you. If you were fired for filing a complaint, you would qualify for unemployment and could sue the employer for wrongful termination. It is also possible that the NC labor board would file the case for you.
You might be able to take the employer to small claims court for partial payment (say, one month’s back pay) and then take him/her back again for another month’s back pay.
If you are the only person who is not being paid, you can file a sex discrimination complaint with the EEOC. But if everyone is affected, this is not discrimination.
If you don’t have enough money to get by for a few weeks until unemployment kicks in, that is a difficult situation. Your best bet is simply to spend every minute you possibly can looking for a better job. HTH, and thanks for reading the blogs!~ Amelia
Posted by: santanna

My husband works for carolina cold storage in tarheel nc. About a month ago he twisted his knee and was sent to the urgent care for treatment. He is a lead man over the processing room so all he has to do is move a few loads and over see a crew. The dr. put him on light duty so that he couldn’t move the loads. The supervisor provided him with someone to move the loads for him and had him sign a paper saying if he went agaisnt dr orders that he could be terminated. Well when he got paid they dropped his pay from 10.04 to 6.50 with out notifying him, can they legally do this and what can we do about it
Posted by: Amelia

Hi santanna! Contact the North Carolina Department of Labor or the US Department of Labor for a decision on your specific situation. If the employer transferred your husband to a different job for light duty, they have the right to pay him for that job — although they should have informed him of the new rate. (It should be $6.55 per hour, the current minimum wage.) However, if he is still doing the same job, he should be paid the same. HTH, and thanks for reading the blogs!~ Amelia
Posted by: minnickup

Hi,
Thanks for the blog.laborlawcenter.com forum. There seems to be a never ending supply of great information on the net. I love learning new stuff, and will be back to read forum posts regularly! Thanks again.
Posted by: Amelia

Hi minnickup! Thanks! We look forward to hearing from you again!~ Amelia
Posted by: mitEffirm

Newer member, just wanted to introduce myself. I hope to learn a lot from everyone.
Posted by: Amelia

Welcome, mitEffirm!~ Caitlin
Posted by: david

just wanted the state to look at this and advise if there is anything to do about it
i was working at an amusement park in blowing rock nc
first incident a small child refused to move until i yelled at him,folowing this i was told by my supervisor”you are so agressive in the rule enforment for this ride that several customer stated it was like a dictatorship and youneed to be less agressive on the saftey rule enforcement”
then on 6-15-09 at 5:15 pm i was told that 3 customers had complained i was not enforcing the rules and i was writen up the nex day i was firedand the boss only said i was getting to many complaints IS THIS LEGAL?
Posted by: Amelia

Hi David! Yes, you can be fired for having too many customer complaints. And yes, you can be fired even though some of those complaints contradict each other. North Carolina is an “employment at will” state, meaning an employee can be fired at any time, for any reason or for no reason, with or without notice. (The employee also has the right to quit at any time, for any reason or for no reason, with or without notice.)
Actually, your supervisor did not communicate very effectively in the first incident. The problem was not you enforcing the safety rules. It was in the way that you did so. It would be better to politely say to the child or his parents, “I’m sorry, I can’t start the ride until you move behind the line.” or whatever. The key is to always treat others — especially customers — with respect. Shouting at customers is not acceptable — but neither is operating the ride without regard to safety.
It sounds like after the first reprimand, you got angry and decided that you would not enforce any safety measures at all. That was unwise, and rather immature. Rather than “get back” at your employer, you need to have an attitude of cooperation with the employer and the customers.
A word to the wise — this is probably an indication that you need to brush up on your interpersonal skills, which are important in any line of work.
However, there is a good chance that if you apply for unemployment, and explain the contradictory instructions you got from your supervisor, you will qualify for benefits. HTH, and thanks for reading the blogs!~ Amelia
PS If you need to contact the NC Department of Labor, it’s at http://www.nclabor.com/
Posted by: Willy Ortiz

is it illegal for my employer to not fill out and send back a verification form for a possible new job? I need to get a new job but he never sends back the verification forms which makes me lose out on a job opportunity
Posted by: Amelia

Hi Willy! No, this is probably legal. It sounds like your current employer is either a real jerk, or very inefficient. Neither one is a crime. There is no law that forces the current employer to help you get a better job. One tactic might be to use someone else as a reference. If possible, you might use a supervisor or HR person (other than the owner) at your current job. (HR people understand this process, so they are often more cooperative.) Otherwise, you might consider using a former employer or another business contact as a reference. Many interviewers are happy to use another reference, just as long as it is not a family member, or a member of the clergy. HTH, and thanks for reading the blogs!~ Amelia
Posted by: AB

-One of my benefits at my current place of employment is Paid-Time-Off (PTO). We accumulate hours each month. We also have an option to purchase additional days of paid time off at our current pay rate. This is an option that we are given in the event that we feel we might need additional time over-and-above what will be earned throughout the year. We can do this through open enrollment once per year. I personally purchase additional days.

Recently, my company experienced some staff lay-offs. My office is in Arizona, though the corporate office is based out of Detroit. We are able to accumulate these hours throughout the year with some carry-over into the next year.

With the lay-offs, the company is paying out the PTO balances according to the amount accumulated times the employees pay rate, which is fine.

Though recently, the rate of taxation was changed to where they are taxing this PTO that is paid out at the time of lay-off at the same rate as bonuses at year’s end. I believe it is at a rate near 50%.

Does an employee have any options here? Do they have the right to decide how my paid-time-off is to be taxed upon lay-off?
Posted by: Amelia

Hi AB! No, the employee cannot dictate what is and is not taxable income. The employer must follow federal law here.
Bonuses are taxed at a higher rate than wages, and the employer is handling this appropriately. Actually, we should say that the employer is legally obligated to withhold more taxes from the bonus. When you file your tax return for 2009 (in early 2010) you may very well receive a portion of the amount withheld as a refund. However, that is between you and the IRS — not you and the company. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Rose

I worked at a place in sanford, NC that was awful as far as the staff goes, well management I mean. I would love to have the actual owners information, so I could report the wrong-doings to him directly. 2 of my other sisters were set up and fired from there, then I was. the manager had a serious health risk come up at the workplace. Her only statement about that was “Its not my problem”. She does nothing but play games online all day long. Theres 3 different people up there now, staying weeks for free. ( This is a hotel I’m talkin about) If the owner knew that in itself…Hed fire her on the spot!!!! Not to mention all the property that belongs on the hotel grounds that are taken home by management, like air compressors, etc…..Id love to report this!!! but how do you get an owners info????
Posted by: Amelia

Hi Rose! That’s an interesting question. Many hotels are owned by corporations or chains. Often, you can get that information by simply calling the front desk and telling them you would like to invite the owner to an event (such as the grand opening of a restaurant. Yes, that’s lying.)
Sometimes there is not one person who owns the hotel. It may be owned by a partnership or group of people. Or, it may be owned by a real estate trust or a corporation with many shareholders. If you ask who the parent company is, you may be able to get a mailing address. (Make it clear that you are not a customer with a complaint. Most hotels prefer to handle complaints at the local level, and will not give that information to customers.)
It is also possible that the owner is just as corrupt as the manager, and doesn’t care. If he did, he would probably have already fired her due to poor performance. Someone who plays computer games all day can’t be doing a good job.
You can report any health concerns to OSHA at http://www.osha.gov. HTH, and thanks for reading the blogs!~ Amelia
Posted by: KingBaltazar

Hello

Really dont know what to write about myself, I am very social kind person, I luv dogs and all that techy things! I hope I will be good asset to this forum

Regards
Baltazar
Posted by: Amelia

Hi KingBaltazar! Welcome!~ Amelia
Posted by: NipGrikeKer

Salutations and Greetings I am only just trying to post to make sure this works on this posting board and wanting to say hi.
Posted by: Amelia

Hi Nip!! Greetings!~ Amelia
Posted by: Mona

I was recently wrongfully fired after a resident I took care of was found on the floor after I Had already clocked out for the day and left, I told the supervisior and she knew that the resident was falling out of bed on several occasions..I had also told her and the med tech that 1st shift wasn’t doing rounds with me and If I stayed on the clock after 15 minutes after my scheduled leave time I got yelled at..I told my supervior about the problem many times and she did nothing to reslove the problem..
Posted by: Amelia

Hi Mona! This is a tough situation and you have our sympathy. It sounds like you were working 3rd shift. First shift did not walk around with you at the end of your shift. Now they are saying that you left the employee lying on the floor — and you are saying that the employee was in bed when you left.
You may have a case for wrongful termination — but it might be expensive to persue it. You would have to hire an attorney.
If you are denied unemployment benefits, you should appeal that decision. You can argue that since there was no first-shift walk-through (with you) that the employer is wrong in assuming that the resident was on the floor when you left. You can also note that you informed the supervisor of this resident’s tendency to fall out of bed, and of first shift not doing walk-throughs. The fact that you were told not to stay on the clock more than 15 minutes if a walk-through had not occurred is also in your favor.
HTH, and thanks for reading the blogs!~ Amelia
Posted by: Mike

Hllo Amelia

I recently left a f job with decent benefits and I was able to meet my commitments (pay my bills). I had responded to a help wanted for manager
possibly general manager in June of 2009 I had just signed a lease on a rental home where I was living I went for what I thought was aa very good interview and was offered the job, I explained that I had just made a lease commitment and was not sure if I could break it to move 130 mile to new job
my future employer said do what ever you need to get out of it and we we will take care of paying your money back to you through your paycheck
so I took the job moved all of my household goods and signed a 2 year lease
for housing where my new job was. I was hired by one individual and told that I was to report to that one person only, 10 days later I was terminated over the phone not in person they gave me no written warning or verbal that anything was wrong I have not been repaid by the owner whos verbal assurances at time of interview gave me hope that he would stand by his word, his wife who had personal dislikes of me told the employment security
that I was fired because no one liked me, she has greatly delayed my getting my unemployment and my personal fund are running out very quickly

I have checks that I wrote that total $6,000 plus for my relocation who do I go to? thanks in advance for your help
Posted by: Amelia

Hi Mike! This is a tough situation and you have our empathy. Unfortuantely, unless you have the owner’s commitment to pay for your broken lease and moving expenses in writing, you probably have little recourse. It is always good to get an offer letter that completely spells out any relocation benefits, signing bonus, etc. That doesn’t protect you from being fired, but it makes it easier to sue the employer if they don’t follow through.
An employee who is terminated because “no one likes them” is eligible for unemployment (even if it were true, and it probably is not.)
You can certainly consult an attorney about suing this employer for breach of oral contract, but you may have to chalk this one up to “learning the hard way.” HTH, and thanks for reading the blogs!~ Amelia
Posted by: Gale

I have been diagonosed with allergic asthma which is not new and my employer is very much aware of in writing by my personal care doctor and allergy/asthma doctor. Perfume, cleaning solivents, (smells) are triggers. There is a co-worker who continues to use smells that trigger my asthma. I have(on several occasions) had to leave work or go to the ER. My employer passed a memo around “no smells” permitted. This situation has been going on for quite some time. My health is truly suffering. My boss/owner of the company promises to take care of the situation(approximately 3 years). At this point I feel I am just having my feathers smoothed over. I am on several medications and take them accordingly, however, the problem still exits even after he’s told me to let him know. In addition, each time he’s spoke to my co-worker she retaliates against me.
I have cried, done what he’s asked and nothing becomes of my situation.
I work for a small business. There are only 3 full-time emloyees (including myself). Oh by the way, last friday I was informed by my personal doctor that I have artrial fibrillation.
I working in fear of my life. I have no other means of income. My husband was terminated recently from his job. And I have stayed in this type of environment because I do like my boss and job, but mostly I do have health insurance and am able to get my meds and see my doctors.
What recourse do I have?
Posted by: Amelia

Hi Gale! This is a tough situation and you have our sympathy. Unfortuantely, we can’t offer a lot of help in this situation.
If your employer had 15 or more workers, you would be covered by the ADA, the Americans with Disabilities Act. Just this past week, the EEOC redefined “disability” under ADA, and asthma is often now included as a disability. The ADA requires the employer to make reasonable accommodations for an employee with a disability. In your case, providing you with a private office where you would not be exposed to asthma triggers or allowing you to work from home might be reasonable accommodations.
Unfortunately, because your employer has just 3 employees, the ADA does not apply.
Your coworker may not be intentionally using perfume or scents that trigger your asthma. It sounds like it could be her soap, shampoo or a number of other products. She might very well believe that everything she is using is unscented. Nevertheless, a good employer would discipline her if she retaliates against you when you complain.
It is not clear how atrial fibrillation is related to the use of scented products.
Unfortuantely, the only advice we can offer is long-term. As the economy improves, we suggest that you look for a job with a larger company. You are under no obligation to tell the interviewer that you have a disability. Once you are hired, you can discuss a reasonable accommodation with them. However, until you can find a better job, you are wise to remain with the employer who offers health insurance. HTH, and thanks for reading the blogs!~ Amelia
Posted by: drlienyyzelf

Thanks for a very interesting post!
Posted by: Amelia

Hi drlien! Thanks!~ Amelia
Posted by: NoName

Hi I work for a large corporation which has its headquarters in Ohio however I work at the North Carolina branch. I was told by my employer that they can change up my hours which are non-flux but set at 12-9 and reduced my hours to 8 hours and told me I had to work a full shift on Saturday this way they don’t have to pay me overtime. Can they do this?
Posted by: Amelia

Hi NoName! If we understand your question correctly, you are currently working 12 noon to 9 pm. You want to know if the employer can change your work hours to an 8-hour shift, and require you to work on Saturday without paying overtime.

The answer in any state is “yes.” The employer can schedule workers at the employer’s convenience, not when the employee wants to work. If an hourly employee works more than 40 hours in the payroll week, they must be paid overtime. However, as long as you are working 40 hours or less, there is no requirement that you be paid overtime on Saturday or Sunday.

In fact, minimizing overtime is good business management, especially in this economy.

If you are working under a union contract, different rules may apply. HTH, and thanks for reading the blogs!~ Amelia
Posted by: demralidams

Howdy Peeps, Claude here. Great meeting place. Interesting threads, been loving the topics. Just dropped a howdy. Laters
Posted by: Amelia

Hi demiralidams! Welcome!~ Amelia
Posted by: Terry

Direct deposit in North Carolina- employer is under the FLSA –
can the employer require direct deposit as the only means of pay?
Posted by: Amelia

Hi Terry! Yes, this is legal in North Carolina. Direct deposit is not covered under the FLSA (which was written in 1938) but it is covered under North Carolina Law. Under that law, an employer can use direct deposit as the only form of payment for employee wages. Some other states put limits on usage of direct deposit by employers, or permit it only if direct deposit into an account with no bank fees is possible — but North Carolina does not restrict direct deposit in any way. HTH, and thanks for reading the blogs!~ Amelia

Read more at: http://www.nclabor.com/wh/faqs.pdf
Posted by: david

I work for a security company and where in posted they had us sign a paper that said we couldn’t leave site for lunch or that our meal period might be shorten if we got a call its now been 3 months and I haven’t gotten a meal brake I asked them about it and they said I signed a waver for my lunch but the waver. Never said we wouldn’t get a lunch brake and also we only get two 15mins brakes but most of the time I have to be begging the supervisor for my 15s what should I do
Posted by: Amelia

Hi david! We agree that these are terrible working conditions. Unfortunately, they are legal in North Carolina and the only thing you can really do is look for a better job.

There is no North Carolina law that requires employers to give meal breaks or rest breaks to workers. Nineteen states have such laws, but North Carolina is not one of them. So it is perfectly legal for the employer to require that you work without a lunch break and even without any 10- or 15-minute rest breaks.Some employers would allow workers to eat while working, but there is no law that they must.

OSHA worker safety standards require that you be permitted to use the toilet when nature calls. However, these restroom breaks do not include smoking, making phone calls, eating, etc.

We are not clear on why your employer had you sign a waiver, unless you are working under a union contract. Nevertheless, if you withdraw your waiver, we suspect that the employer will suddenly have no hours to give you. So our best suggestion is that you look for a better job, but due to the economy, keep this one until you find something better! HTH, and thanks for reading the blogs~Amelia
Posted by: scooftogiggef

Hey, just want to say hi. I’m new here.
Posted by: Amelia

Welcome, scoofie!~ Amelia
Posted by: fedup

I work in a lab with two other people, one my boss, the other a co-worker. I have been cussed at, had my shoulder pushed, and bumped into on purpose when my boss is upset with me. I need my job like everyone else, but this is getting out of hand. What can be done
Fed up
Posted by: Amelia

Hi fedup! When your boss pushes you, or even lays one finger on you, legally that is assualt. (So is bumping into you on purpose, but that is going to be much harder to prove.) Generally speaking, swearing at you is legal (although there might be an exception under state laws for certain words that cannot be said on television.)
The first thing you need to do is keep a written log of these incidents, including date, time and the name of any witnesses. After you have several of them, (hopefully at least a few including physical contact) go to HR or your boss’s supervisor. Be calm and tactful, but explain that you cannot tolerate such actions in the workplace. Any good employer will put a stop to this behavior by your boss.
If there is one more incident after this conversation, call the police and tell them you want to report an assualt. Even if they are reluctant, file a police report. The employer should respond immediately. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Matt

I work for a 3 man construction company and we work around 55 hours almost every week, but I only get paid for 40 hours NO MATTER WHAT I WORK OVER. The boss keeps track of the overtime hours and if I take a day off he will pay me for that day but not at overtime pay. I really need to know if he can do this. It was never a written agreement just him verbally stating that’s the way it would be. Please help me.
Posted by: Amelia

Hi Matt! This small employer is almost certainly covered by the North Carolina minimum wage and overtime law, which requires employers to pay overtime when an employee works more than 40 hours per week. Contact the North Carolina Department of Labor and file a wage complaint for overtime. You should be paid time-and-a-half whenever you work more than 40 hours per payroll week, and paid for every hour you work. HTH, and thanks for reading the blogs!~ Amelia

Read more about this at: http://www.dol.gov/whd/minwage/america.htm#NorthCarolina
Posted by: G P Midgett

What protections if any can I expect from a company with less than 25 employee’s in NC while out on extended medical leave? Like health care benifits?
Posted by: Amelia

Hi GP! North Carolina has no family leave law at the state level, so unless you work at a school or are otherwise covered by the federal FMLA, you have no right to unpaid leave under the law. A North Carolin employer can grant unpaid leave, but it is the employer’s choice. In practical terms this means that when you must take an extended time off for medical reasons, you may lose your job. Once you recovered, you would likely qualify for unemployment benefits.

Under COBRA, if an employer has 20 or more workers on group health insurance, you are entitled to continue your current healthcare plan for up to 18 months. During that time, you must pay the full insurance premium, including any portion formerly paid by the employer.

If the North Carolina company has 2 to 19 workers on group health insurance, then an similar state program called mini-COBRA requires continuation of healthcare benefits. HTH, and thanks for reading the blogs!~ Amelia

Read more about North Carolina Mini-COBRA here: http://cobrahealthinsurance.com/Resource/north_carolina_cobra_continuation_explained.pdf
Posted by: Nicholas O. Williamson

Hi, my name is Nicholas. I recently worked for a man named bryan who subcontracts from a larger company called [employer name deleted] I begain working for bryan two weeks ago under production terms. He was to pay me, and all of the other workers $22.00 a Sq. of shingles we installed, this breaks down to about $7.33 a bundle of shingles we removed, and layed.

During working for him, a few people I used to work with warned me he might not pay me, or wouldn’t pay me in full. They had trouble with him, I was worried but continued to work for him as I needed a job. I ended up doing around 36 bundles, or $252 worth.

He said he held a week back, so this last thur. , yesterday, he has another employee give us all envelopes at a gas station near his shop. I opened mine and relized he had only given me $100!! I immediatly called him but he has not answered since. We worked well over 40 hours, and two other employee’s simply didn’t get paid at all. They said they would be happy to file a complaint with me, or whatever we need to do to get the money owed to us. What is my best course of legal action? Thanks alot for your help.

Nicholas Williamson.
Posted by: Amelia

Hi Nicholas! Your best bet is to take this person to small claims court.
Unfortunately, you may not be an employee. It sounds like you were working as an independent contractor. North Carolina law requires that employees be paid the promised amount and be paid on time. However, there is no such protection for independent contractors.
You can file a case in small claims court for the amount you are owed. Usually, you do not need an attorney to represent you. Especially if 3 different people file claims against this person, the judge is likely to see it your way.
You could also contact the company that Bryan is working for, and let them know that he has a history of not paying subcontractors. Some companies would care — others would not.
You can also contact the North Carolina Department of Labor to file a wage complaint. They will investigate and determine if you were an employee (rather than an independent contractor.) HTH, and thanks for reading the blogs!~ Amelia
Posted by: JLRedHawk

I should have received a check form an X employer a week ago. I had left prior instructions for them to mail my wages to my home address. After a reasonable amount of time I made several attempts to contact them, by phone, to find out what was the hold up and what was being done. After my persistance, they left me a message stating that they want me to come to their office to retrieve this amount. I am currently unable to do so, and left them yet another message informing them that I would need them to cut me another check and mail it to my address and leave me a message informing me that they had done so. They seem to be dragging their feet on this matter and I feel like they are giving me the run around. I would like to know what my next step should be if I do not receive my last months pay from them in a reasonable amount of time. Thank you for time… Jacqueline
Posted by: Amelia

Hi Jacqueline! Most employers need a request in writing to mail a final paycheck, rather than a phone call or voice mail message. Here is our suggestion: immediately mail the employer a request in writing, signed by you, with the address where you would like your final paycheck delivered. If possible, get proof of delivery. By law, the North Carolina employer is supposed to issue your final paycheck on the next payday after your last day of employment. If you do not have the check in your hand 10 days after that payday, file a wage complaint with the North Carolina Department of Labor. That tends to get the employer’s attention. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Anette

I work for a local auto salvage yard and have been there for over a year. This is a business is an LLC. My husband used to come up there and pull parts for customers that did not know how or have any tools to do so. That was no problem with my boss. One day a customer came in and went out on the yard to get some parts off of a car and those parts had been damaged. That customer went to my boss and told him that my husband was the one who done it but could not prove it. MY boss went back on the security tapes and could not see anybody damaging the vehicle. Due to hearsay and hearsay only and knowing my husband has a criminal background, my boss banned from the premises. Also I was told that if he came back on the property, that not only would he be arressted but I would loose my job as well. Is this legal to fire me for something I had no control over?
Posted by: Amelia

Hi Anette! Yes, this is legal. Most employers do not permit the spouses of employees on the work premises. In this case, it sounds like your husband was actually offering his services to customers without the owner’s permission. This would not be acceptable in most businesses.

Hearsay only applies to evidence in court — not in the workplace. An employer can generally fire any worker at any time for any reason, or for no reason at all. So the employer was justified in asking your husband not to return to the workplace. Generally speaking, the employer could fire you if your husband returned. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Courtney Wiggins

Hi, I am currently working for this company part time and I usually work 6 hours a day. Well they have now come out with this rule that if I work 6 hours they will automatically take a hour from me for lunch, rather I take it or not! Is this legal?
Posted by: Amelia

Hi Courtney! No, this is not legal under either the federal or North Carolina minimum wage laws. We suspect that what the employer really means is “you MUST take a one-hour unpaid meal break on a 6 hour shift” however, they are expressing it poorly. The employer can require that you take a one-hour break on any shift, even a 6 hour shift. If you do not comply, the employer can discipline or terminate you.

However, employees must be paid for all the time they work. An employee who works through the meal break — even without the employer’s permission — must be paid for that time.

Suppose Maria works from 8 am until 2 pm. Her employer has the policy that anyone working a shift of more than 5 hours must take a one-hour meal break. Maria’s boss told her to go on break at 11 am. However, Maria disregarded his instructions and continued to work. Under both federal and state minimum wage laws, Maria must be paid for all the time that she worked, so she must be paid for 6 hours — not for 5 hours with a 1 hour unpaid break. However, Maria’s boss can fire her for not following instructions or for violating the company meal break policy. HTH and thanks for reading the blogs!~ Amelia
Posted by: Paula

I work the 3rd shift at a hotel. Every 3rd shift I have worked at before at other places have paid a differentual for 3rd shift. This company pays minimum wage no matter what. Is there a law in North Carolina that says you have to get paid extra for working the night shift?
Posted by: Amelia

Hi Paula! No, there is no federal or North Carolina law that an employer must pay higher wages on the night shift. As long as the employer follows the minimum wage and overtime laws, this is legal. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Tina

My question is , I work 12 hr shifts with a one hour lunch break I am a switchboard operator and recently my employer has chosen to do away with 2 positions which will leave me in an inclosed room by myself for 11 hours ;and I will have to call someone to relieve me for bathroom breaks. My thing is if I call someone they may not be able to come right away. Everyone else where I work is able to freely take restroom breaks as needed ;and I feel as though I am being treated like a prisoner;and if I call someone then that means I have to go right then. It is detrimental to my body to be unable to use the restroom as needed. When does it become a violation to my rights as an employee? Also how often are you allowed a break whether it is for rest or restroom? Thanks
Posted by: Amelia

Hi Tina! OSHA worker safety standards require that an employee be allowed to use the bathroom when nature calls. OSHA assesses each situation on its own, but usually this means that an employee should not have to wait more than 5 mintues for someone to relieve them, so the employee can go to the bathroom. This situation is actually very common in many industries, including factories and at a hotel front desk.

If you are requesting use of the bathroom, and having to wait more than 5 minutes, then you should talk to your supervisor. If the situation does not improve, then file a complaint with OSHA at http://www.osha.gov.

There is no North Carolina or federal law that would require the employer to give any meal or rest breaks to workers. So your employer is not even required to give you the one-hour meal break. OSHA standards require that employees be allowed to use the toilet, but that does not include smoking, talking on the phone, snacking, etc. HTH, and thanks for reading the blogs!~Amelia
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Posted by: Amelia

Hi RonaldNU! Sorry, that is not our area of expertise. But if you have a question on HR or employment law, we’re here to help!~ Amelia
Posted by: JLRedHawk

I just wanted to say thank you for helping me on prior matters dealing with unpaid wages. I just wanted you and others who read your postings, to know that as soon as I said the word Labor Law Center, and Labor Board, things went into reasonable motion and I had my due monies just 3 days. I calmly and professionally informed them of what you recommended and things got moving in a lawful, timely manner. I just wanted to thank you again for taking the time respond and to help me obtain what was lawfully mine. JLR.
Posted by: Amelia

Hi again JLR! You are very, very welcome. We are glad that this worked out for you. The key was probably that you handled this in a calm, professional manner. But thank you for the kind words!~ Amelia
Posted by: tiffany

I work for an convenience store in nc, and I was told that they dont have to give us a lunch or any breaks. I just wanted to see if that was true.
Posted by: Amelia

Hi tiffany! Unfortunately, yes this is true in North Carolina. Nineteen U.S. states have laws that require meal breaks for employees, but North Carolina does not. Under OSHA worker safety standards, the employer must allow workers to use the restroom when nature calls and to drink water on duty, but there is no requirement that employees be given a meal break. HTH, and thanks for reading the blogs!~ Amelia
Posted by: tabitha

Is it illegal for an employer to make a server claim tips that they did not make, just so that what they claim and what they are paid hourly equal up to be minimum wage.
Posted by: tabitha

Also wanted to add that I work at a buffett so there is no way of telling how much one person is making as the customers pay before they sit down. So in all reality they dont have to tip as they have already paid when they came in, and the fact that they dont have to place any orders threw me or anyone for that matter. the only thing I do for them is take dirty dishes and refill their drink, they do the rest. So I was just wondering if this was legal for them to make me claim tips that I didnt make. When it gets slow and I have no tables and they tell me that I can not finish up and go home even though its 2 hours before closing and there are 4 other servers on the floor as well, I just need to know what I can do to receive the right amount of pay on my check. What can I do?
Posted by: Amelia

Hi tabitha! If you are honestly reporting every cent you make in tips and it does not bring you up to the minimum wage, the emploeyr must pay you the difference. They cannot increase the amount of tips reported if you did not receive them. For your own protection, buy a small notebook or calender and record the exact amount of tips earned each day, to the penny.

The the end of the next payperiod, tactfully tell the manager or supervisor if your tips are being over-reported and you are earning less than the minimum wage. If that does not help, file a wage complaint with the North Carolina department of labor or the U.S. Department of Labor.

In a full-service restaurant, the IRS usually assumes that servers earn 8% of their food and beverage sales in tips, but that assumption is not valid in a buffet. (However, we will note that there is no restaurant where the patrons have to tip the servers.)

It is completely legal for the employer to send you home if it is slow, and it’s even good management. Obviously, this is a really, really bad job and your best bet would be to look for a better one while you are still employed. HTH and thanks for reading the blogs!~Amelia
Posted by: tabitha

What if I ask to b cut from the floor and they wont thats the problem that I am having when its so slow that i’m not making the money and they want me to claim those tips that I did not make. It’s their fault that I am being asked to claim more than I am making due to this problem of not having tables and them not cutting me from them floor to go home.

I understand that it’s their choice wether they send me home or not when it’s slow but if I’m not making it I’m not claiming it. I have food stamps and medicaid for my son and they base it on what I make before taxes are taken out. Therefore it is goning to mess up how much I get for foodstamps and if I can get medicaid for my son or not. I told them this and they were like well thats what everyone says…like they just dont care.

Also, the company that I work for tried to not give me my check last night the MOD said that she had to much work to do and that she still had to drive an hour to get home when she finishes her work. I told her that it was after 2pm on Monday and that I also I had to drive an hour to get home as well. I had to beg her to give me my check.

She told me that I could have gotten it when I got there to work or I could have done it sometime through out my shift. I let her know that since I was working I did not have the time to do that and that I always would get it at the end of my shift on Mondays as I was told when I started 3 yrs ago that pay day is on Mondays after 2pm weekly.

I have one more ?. There was an incident where one of the MODs had came up behind me and used to the tips on his fingers and tapping me on the back after I had already answered his ? I felt uncomfortable with it and got an attitude he tried to send me home but it just so happened that corporate was there so I talked them and didnt have to go home. I still feel every uncomfortable when working with that manager b/c of this, it happened about 3 weeks ago, what can I do other what I have already done?
Posted by: Amelia

Hi Tabitha! You’re right, the employer does not have to send you home if they don’t want to. Legally, you can claim just the tips you make. Keep a daily written record, and if you do not average the minimum wage, talk to corporate or file a wage complaint with the North Carolina Department of Labor.

Several states have payday laws that require the employer to pay workers on payday. North Carolina does not. Our suggestion is that you let the MOD know at the beginning of the shift on Monday that you will want your check by the end of the shift.

We are not clear on the exact nature of the touching by the other MOD. If you felt it was sexual in nature, you could file a sexual harassment complaint with the EEOC at http://www.eeoc.gov. If he was merely tapping you on the shoulder to get your attention, that was rude and inappropriate. Theoretically since he touched you it could be assualt and you could report it to the police, but that seems like an over-reaction. We will say that you probably should not have turned your back on your manager while he believed you were still having a conversation. If you have a problem with inappropriate touching again, contact corporate or the EEOC. You probably don’t have to worry about him anymore. After corporate spoke to him, he is probably the last person in the world that would touch you again, if he wants to keep his job.

It sounds like this restaurant is poorly managed. It also sounds like this job is not a good fit for you. Again, we recommend that you look for a different job. HTH, and thanks for reading the blogs!~ Amelia
Posted by: chad

Ok so I missed a couple of hours of work and the boss didnt mind. I missed one day from being in the hospital and he fills my position. I called him and left him a message saying I coundn’t be there and he said he didnt get the message. I brought him doctors’ notes the very next day and he told me I cant work and that he got my message but it was too late. Is that fair? Now I have to quit because he said the only way I can work is to be in a different city which is not an option for me. What can I do to get justice?
Posted by: Amelia

Hi chad! We agree that it was unreasonable for the employer to fire you when you were absent just one day due to being in the hospital. Unfortunately, there may not be a way to get your job back.
If the employer has 50 or more workers within 75 miles, then you are covered by the federal FMLA. That law would require the boss to return you to your job, even if you missed 12 weeks of work due to a serious health condition. Some states have similar laws that apply to smaller employers. Unfortunately, North Carolina does not.
If you work for a smaller company, the employer can legally fire you when you miss one day of work, even though we agree that it is unreasonable for him to do so.
If you refuse to accept the new position in a different city, you may qualify for unemployment benefits because the employer has changed the working conditions. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Terry

I have a question about getting married. Since I am having a Status change Will this status change enable me to enroll my husband in the health plan.
I dont have coverage and he does not have coverage. our company does offer medical to dependents
Posted by: Amelia

Hi Terry! No, probably not. If you were on the group health insurance policy, after your marriage you could add your husband as a new dependent. However, since you are not on the group health insurance policy, there is nothing to add him to. You have no insurance policy, because you have opted out of it.

For the most part, dependents can only be covered when the employee has coverage. Dependents cannot be covered alone, without coverage for the employee.

The good news is that most plans have open enrollment in the fall, sometime between September and November, and you will be able to enroll both yourself and your husband at that time. HTH, and thanks for reading the blogs!~ Amelia
Posted by: D. Price

My daughter has been working at [employer name deleted], a fast-food sandwich shop for almost a year. In the past few months he has started calling her fat. His ex-wife is also employed there as well as her mom & dad. So now it is becoming an everyday thing to point out my daughters weight.They had their Christmas breakfast this pasted saturday. At breakfast His ex-mother in law pinched My daughter’s roll & told her that was no good, your fat. Can anything be done about this? My daughter needs her job.
Posted by: Amelia

Hi D. Price! This is horrible treatment and no employer should be allowed to do this. Unfortunately, it is probably legal in North Carolina and most other states. A few states have laws that prohibit employment discrimination against a person based on weight. North Carolina does not. The state prohibits discrimination only based on age, race, gender, religion, national origin or disability. If your daughter’s weight has reached the level where it is a disability, she may be covered.

Sadly, a worker who is overweight can be the target of insults and slurs, and even discrimination at work in most states without the employer violating any law.

It is possible that this would be illegal discrimination based on a perceived disability under the federal ADA, the Americans with Disabilities Act. Your daughter could file a complaint with the EEOC at http://www.eeoc. gov. Just having the EEOC investigate might encourage the owner to stop this behavior. It is illegal for an employer to retaliate against an employee who files a complaint, although we would not put anything past this business owner and his family. HTH, and thanks for reading the blogs!~ Amelia
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labor lawAdivision of labor law center

North Carolina Labor Law Board

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