labor lawAdivision of labor law center

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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1. 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.

2. 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, http://www. laborlawtalk.com.

   Hang in there! Amelia

3. 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.

4. 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

5. 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?

6. 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.

7. 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?

8. 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

9. 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.

10. 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

11. 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

12. 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

13. 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?

14. 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

15. 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?

16. 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

17. 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?

18. 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

19. 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?

20. 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!

21. 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?

22. 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

23. 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

24. 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

25. 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?

26. 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

27. 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?

28. 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!

29. 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?

30. 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

31. 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?

32. 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

33. 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.

34. 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

35. 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.

36. 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!

37. 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?

38. 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

39. 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?

40. 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

41. 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.

42. 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!

43. 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?

44. 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

45. 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?

46. 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

47. 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?

48. 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

49. 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?

50. 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

51. 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.

52. 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

53. Posted by: FubRooppy

    Very nice!!

54. 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?

55. 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

56. 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.

57. 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

58. 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?

59. 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

60. 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

61. 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.

62. 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.

63. Posted by: Amelia

    Hi Alanna! Thanks for your comments, and for reading the blogs! ~ Amelia

64. 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?

65. 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

66. 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?

67. 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

68. 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

69. 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

70. 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

71. 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

72. 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?

73. 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

74. 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?

75. 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

76. 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?

77. 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

78. 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

79. 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.

80. Posted by: Kevin

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

81. 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

82. 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?

83. 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

84. 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?

85. 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

86. 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?

87. 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

88. 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

89. 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

90. 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.

91. 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

92. 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?

93. 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

94. 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.

95. 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

96. 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

97. 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

98. 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.

99. 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

100. 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.

101. 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

102. 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?

103. 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

104. 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.

105. 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

106. 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.

107. 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

108. Pos