Wage Disputes - CROMER BABB & PORTER, LLC

Filing Your Own Wage Claim in North Carolina: Your Rights and the Process

Written by Cromer Babb on December 2, 2024. Posted in Employment Law, Wage Disputes. Leave a Comment

If you’re an employee in North Carolina facing wage disputes—whether it’s unpaid wages, missed final paychecks, or unauthorized deductions—you have the right to take action. The North Carolina Wage and Hour Act provides a framework for handling these disputes, ensuring that employees can claim their rightful pay. Here’s a guide on how to navigate the wage dispute filing process in North Carolina and when you may need to reach out for additional legal help.

Determining Where to File Your Wage Complaint

The first step in resolving a wage dispute is to determine which agency handles your specific complaint. For most wage-related issues in North Carolina, you’ll be working with the North Carolina Department of Labor’s (NCDOL) Wage and Hour Bureau. However, for certain issues, like federal minimum wage and overtime violations, you’ll need to contact the U.S. Department of Labor (USDOL) Wage and Hour Division at 1-866-487-9243 or visit their website. These federal issues include cases involving:

Minimum wage or overtime pay.
Wage disputes in government roles.
Complaints involving tips, the Family Medical Leave Act (FMLA), or the Employee Retirement Income Security Act (ERISA).

For all other wage issues specific to North Carolina, the NCDOL Wage and Hour Bureau is your primary resource. These may include claims of unpaid wages, issues with a final paycheck, unauthorized deductions, or failure to provide pay stubs.

Filing a Wage Complaint with the North Carolina Department of Labor

If your complaint falls under the North Carolina Wage and Hour Act, you can file directly with the NCDOL Wage and Hour Bureau through their online portal. To streamline the process, you’ll need to have specific information on hand, including:

Your contact details, job title, and employer’s contact information.
Details on wages owed, pay periods in question, and any relevant dates (such as your start and end of employment).
The exact amount you claim is owed to you by your employer.

Keep in mind that the NCDOL only accepts complaints for wages owed within the past year and for amounts over $50. Also, third-party complaints (e.g., someone filing on behalf of a spouse) are not accepted, so make sure you’re filing directly as the affected employee.

Additional Considerations When Filing

In North Carolina, you can pursue legal action on your own without filing with the NCDOL if you prefer. This may involve taking your claim to civil court, which could be beneficial if you’re seeking a higher level of compensation or if your claim is particularly complex. However, if you decide to file with the NCDOL and later withdraw the complaint, the Bureau will not reinvestigate any claims for that same period.

If your complaint is reviewed by the NCDOL but remains unresolved, or if their findings are unsatisfactory, you may still pursue your claim in court. This option remains open even after the Bureau’s investigation concludes.

What to Expect After Filing a Complaint

Once your complaint is submitted, the NCDOL will review your case and conduct an investigation to determine whether your employer violated any state wage laws. Depending on the findings, the Bureau may reach a resolution with your employer. Be prepared for some processing time, as the Bureau handles a high volume of complaints.

Protecting Your Wage Rights: When to Seek Legal Help

Navigating wage disputes can be challenging, especially if you’re unsure about state and federal wage protections or if your case involves more complex matters like retaliation. If you’re facing a situation where your employer is withholding your pay, applying unauthorized deductions, or if your complaint extends beyond basic wage issues, consulting with a labor and employment attorney can make a significant difference.

Need Help? Contact Us Today

Attorney Jacob Modla is experienced in handling North Carolina wage disputes and can help ensure your rights are fully protected. Whether you’re navigating the complaint process or considering legal action, reach out to us for a consultation and let us support you in seeking the wages you’re owed.

Unpaid Wages, Wage Dispute

Filing Your Own Wage Claim in South Carolina: Your Rights and the Process

Written by Cromer Babb on November 19, 2024. Posted in Employment Law, Wage Disputes. 2 Comments

Wage disputes can be frustrating, but it’s important to know that you have rights under both the South Carolina Payment of Wages Act and the federal Fair Labor Standards Act (FLSA). These laws protect you from unfair wage practices, ensuring that you receive the pay you’ve earned. Understanding these protections can help you determine if your wage dispute warrants filing a complaint. This guide will break down the basics and walk you through the first steps.

Understanding Your Rights Under the South Carolina Payment of Wages Act

The South Carolina Payment of Wages Act requires most employers to pay employees any wages due upon separation within 48 hours or by the next scheduled payday (within 30 days maximum). This law applies to employers with five or more employees, and “wages” are broadly defined, covering various types of compensation, including pay for hours worked, overtime, and leave if outlined in the company policy. Some key employer obligations under this law include:

Maintaining three years’ worth of employee records.
Providing written statements with each paycheck, detailing wages and deductions.
Notifying employees in writing of wage deductions at the time of hire or at least seven days in advance.
Paying separated employees in full by the next regular payday or within 30 days, whichever comes first.

If you believe your employer has not followed these requirements, filing a complaint with the S.C. Department of Labor, Licensing, and Regulation (LLR) is an option. For guidance, contact them at (803) 896-4470.

Additional Rights Under the Fair Labor Standards Act (FLSA)

Under the FLSA, covered employers must pay at least the federal minimum wage of $7.25 per hour and overtime (time-and-a-half) for hours worked over 40 in a workweek. However, not all jobs are covered, so check with the Department of Labor or an employment attorney to confirm your eligibility.

If your employer has withheld pay or failed to meet FLSA requirements, you have two main options:

File an Administrative Complaint: Reach out to the U.S. Department of Labor’s Wage and Hour Division at 1-866-4-USWAGE.
File a Lawsuit: In South Carolina, you can file a lawsuit to recover unpaid wages under the Payment of Wages Act, seeking up to three times the unpaid amount, plus costs and attorney’s fees. Under the FLSA, a litigant can receive liquidated (double) damages, and lawsuits must be filed within two years, or three years if the employer’s violation was intentional.

Steps to File Your Wage Complaint

Gather Evidence: Collect records of your hours worked, pay stubs, and any communication with your employer about wages.
Contact LLR: For Payment of Wages Act complaints, contact South Carolina LLR at (803) 896-4470.
File a Claim or Lawsuit: Depending on your situation, you may file with either LLR or a court. Consult an employment attorney if you’re uncertain.

Additional Resources and Considerations

Remember, state law does not require employers to provide paid breaks, lunch periods, or paid vacation/sick leave. If you believe your employment rights were violated due to discrimination (race, age, disability, etc.), reach out to the South Carolina Human Affairs Commission for further assistance.

Need Help with Your Wage Dispute?

If you’re considering filing a wage complaint and want to ensure your rights are fully protected, our experienced team is here to help. Call our office to schedule a consultation.

Employment Law, Wage Dispute

Remote Workers – Don’t Let Your Employer Cheat You Out of Your Wages!

Written by Cromer Babb on November 13, 2023. Posted in Employment Law, Wage Disputes. Leave a Comment

By: Attorney Jacob Modla

The COVID pandemic impacted American society in numerous ways—one of the most significant was employees performing their jobs from home or other remote locations. Working remotely is now a permanent fixture in the workplace. Every day, millions of nonexempt employees (employees who must be paid for overtime when they work over 40 hours in a work week) are working from home or other remote locations with very little guidance from their employers on the proper recording of their time or safeguards in place to ensure all hours of work are properly captured and paid. However, a remote workforce does not relieve an employer from its obligations to comply with state and federal wage and hour laws.

Consider the following example: Mary works as a customer service representative for her company. She works from home four (4) days per week and is only in the office on Monday. Her job requires her to respond to customer complaints and prepare reports for her supervisor explaining the number of complaints she has received and how she resolved those complaints. Her hours are 9am to 6pm daily, with an hour for lunch. Her lunch break is automatically deducted from her hours of work in the company’s timekeeping system. She should be paid for overtime for any hours she works over forty each week.

Mary’s boss, Robert, is difficult. Robert thinks working from home is a luxury and thinks all his employees do not work hard at home. Because of the pressure created by Robert, Mary routinely works during her lunch break from 12-1, even though she is not paid for this hour because of the auto deduction made by the company’s payroll system. Mary logs off her computer each night at 6pm and her paid time ends at that time as well. However, Robert continues to email and text her with questions for many hours after 6pm. Robert expects Mary to respond to these questions immediately, he has let his team know if employees fail to respond to his texts and emails immediately, he views it as poor performance.

Mary is a single Mom of three children, and she needs her income, so she complies with his demands. MARY IS MAKING A BIG MISTAKE—SHE IS ALLOWING HER BOSS TO CHEAT HER OUT OF HER OVERTIME PAY. Robert has been working Mary “off the clock.” Mary should be paid when her lunch period is interrupted, and she is not relieved from duty. Responding to emails and text messages after 6pm is work and must be compensated. If we assume Mary is working an extra 8 hours each week because her lunch periods are interrupted and she is working after 6pm, and she is making $20.00 per hour, Robert has stolen $12,480.00 in overtime pay from Mary in a single year.

North Carolina and South Carolina have statutes which protect employee’s pay. In addition, the federal government enacted the Fair Labor Standards Act (FLSA) to protect workers against violations of their rights to minimum wage and overtime pay. The FLSA also requires employers to keep accurate records of the time employees work as well as the wages paid to employees. Under the FLSA, workers who question or complain about their wages are protected from retaliation by their employer.

The employment lawyers with Cromer Babb & Porter are available in South Carolina and North Carolina if you believe your employer has illegally failed to pay the wages or overtime pay owed to you.