Protecting Your Rights as a N.C. Employee

Officials with the Wage and Hour Division (WHD) in the U.S. Department of Labor (DOL) have provided you with a “Know Your Rights” video webpage. This page is provided in both English and Spanish and works to provide workers across the nation with some basic information regarding different scenarios that employees encounter in the workplace.

Through these videos, workers are provided the information and resources to correct misinformation, like what the real federal minimum wage is, when you’re entitled to overtime pay, when your employer is required to pay you, when you’re on of off the clock work is eligible for compensation, when you’re an employee and when you’re an independent contractor, what your rights as a U.S. worker are, if seasonal workers are subject to the same work laws and how to go about filing a complaint with WHD.
Our Greensboro workers’ compensation attorneys understand whether you are classified as an employee or independent contractor can impact whether you are covered by workers’ compensation in the event of a work accident. Independent contractors typically are not covered by an employer’s workers’ compensation insurance and may not be entitled to other wage-and-hour benefits. Consequently, authorities continue to find employers who are maximizing profit by miscategorizing employees as independent contractors.

Of course, employees are also entitled to fair wages. That’s why we have federal and state minimum wages. In the state of North Carolina, the minimum wage is $7.25. This is the same as the current federal minimum wage. Workers are also required to be compensated for their overtime pay. This is the pay for hourly workers who work over 40 hours a week. These workers must be provided with compensation that is one-half times their regular rate of pay, according to the United States Department of Labor.

Here are some answers to some common questions from employees regarding their rights of minimum wage and compensation on the job:

What are wage and hour laws?
These laws are set forth and are used as the standards for work time and compensation for this time. These standards cover meal time, rest breaks, overtime, hourly compensation, when you’re to be paid, what is paid for by the employer and so on and so forth.

What’s minimum wage for employees who earn tips? Tipped workers are only required to be provided with an hourly wage of $2.13. This holds true as long as the tips they’re earning in an hour at least meets the minimum wage for the state.

When do I get overtime? When you work more than 40 hours a week as an hourly employee or when you work more than 45 hours for recreational or seasonal amusement establishments.

Do I get a rest break or a lunch break? In the state of North Carolina, employees are not required to provide breaks or lunch breaks for workers. On the other hand, if you are taking a break and you’re asked to do work during this time, you must be paid for it. Typically, workers who are provided with short 20 minute breaks are compensated for this time, too.

If you or someone you love has been injured in a work accident, contact the Workers’ Compensation Attorneys at Lee Law Offices, P.A. for legal advice regarding your case. Call 1-800-887-1965 today!

More Blog Entries:

Newly-Revised OSHA Directive to Protect Maritime Workers, North Carolina Workers’ Compensation Lawyers Blog, August 29, 2012

Summer Increasing Youth Work Nationwide, Accident Risks Up Too!, North Carolina Workers’ Compensation Lawyers Blog, August 23, 2012

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