Meyersk76
10-11-2005, 08:26 AM
Can someone provide a direct link to a federal law stating(ie DOL):
1. Salaried nonexempt employees overtime begins after 40 hrs per week.
REASON: Since two years of working as a salaried non exempt employee, we've only been granted overtime beginning at 45+ hrs.
This is all I could find..............
§ 95-25.4. Overtime.
(a) Every employer shall pay each employee who works longer than 40 hours in any
workweek at a rate of not less than time and one half of the regular rate of pay of the employee
for those hours in excess of 40 per week; provided that employers of seasonal amusement or
recreational establishment employees are required to pay those employees the overtime rate only
for hours in excess of 45 per workweek.
(b) Repealed by Session Laws 1991, c. 330, s. 2. (1973, c. 685, s. 1; 1979, c. 839, s. 1;
1991, c. 330, s. 2, c. 492, s. 1.)
2. If so, I need a statement saying i have every right to recover all these lost overtime wages.
This is all I could find................
§ 95-25.22. Recovery of unpaid wages.
(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S.
95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be liable to the
employee or employees affected in the amount of their unpaid minimum wages, their unpaid
overtime compensation, or their unpaid amounts due under G.S. 95-25.6 through 95-25.12, as the case may be, plus interest at the legal rate set forth in G.S. 24-1, from the date each amount first
came due.
(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the
court shall award liquidated damages in an amount equal to the amount found to be due as
provided in subsection (a) of this section, provided that if the employer shows to the satisfaction
of the court that the act or omission constituting the violation was in good faith and that the
employer had reasonable grounds for believing that the act or omission was not a violation of
this Article, the court may, in its discretion, award no liquidated damages or may award any
amount of liquidated damages not exceeding the amount found due as provided in subsection (a)
of this section.
(b) Action to recover such liability may be maintained in the General Court of Justice by
any one or more employees.
(c) Action to recover such liability may also be maintained in the General Court of
Justice by the Commissioner at the request of the employees affected. Any sums thus recovered
by the Commissioner on behalf of an employee shall be held in a special deposit account and
shall be paid directly to the employee or employees affected.
(d) The court, in any action brought under this Article may, in addition to any judgment
awarded plaintiff, order costs and fees of the action and reasonable attorneys' fees to be paid by
the defendant. In an action brought by the Commissioner in which a default judgment is entered,
the clerk shall order attorneys' fees of three hundred dollars ($300.00) to be paid by the
defendant.
The court may order costs and fees of the action and reasonable attorneys' fees to be paid by
the plaintiff if the court determines that the action was frivolous.
(e) The Commissioner is authorized to determine and supervise the payment of the
amounts due under this section, including interest at the legal rate set forth in G.S. 24-1, from the
date each amount first came due, and the agreement to accept such amounts by the employee
shall constitute a waiver of the employee's right to bring an action under subsection (b) of this
section.
(f) Actions under this section must be brought within two years pursuant to G.S. 1-53.
(g) Prior to initiating any action under this section, the Commissioner shall exhaust all
administrative remedies, including giving the employer the opportunity to be heard on the
matters at issue and giving the employer notice of the pending action. (1959, c. 475; 1975, c.
413, s. 11; 1979, c. 839, s. 1; 1989, c. 687, s. 4; 1991, c. 298.)
Is this enough info needed and if so, can i simply send a claim to the US dept of labor? Also, will my job be at jeopardy if I follow through with this? I would hope not since I earned it:)
Thanks for any input on this newbie poster;)
1. Salaried nonexempt employees overtime begins after 40 hrs per week.
REASON: Since two years of working as a salaried non exempt employee, we've only been granted overtime beginning at 45+ hrs.
This is all I could find..............
§ 95-25.4. Overtime.
(a) Every employer shall pay each employee who works longer than 40 hours in any
workweek at a rate of not less than time and one half of the regular rate of pay of the employee
for those hours in excess of 40 per week; provided that employers of seasonal amusement or
recreational establishment employees are required to pay those employees the overtime rate only
for hours in excess of 45 per workweek.
(b) Repealed by Session Laws 1991, c. 330, s. 2. (1973, c. 685, s. 1; 1979, c. 839, s. 1;
1991, c. 330, s. 2, c. 492, s. 1.)
2. If so, I need a statement saying i have every right to recover all these lost overtime wages.
This is all I could find................
§ 95-25.22. Recovery of unpaid wages.
(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S.
95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be liable to the
employee or employees affected in the amount of their unpaid minimum wages, their unpaid
overtime compensation, or their unpaid amounts due under G.S. 95-25.6 through 95-25.12, as the case may be, plus interest at the legal rate set forth in G.S. 24-1, from the date each amount first
came due.
(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the
court shall award liquidated damages in an amount equal to the amount found to be due as
provided in subsection (a) of this section, provided that if the employer shows to the satisfaction
of the court that the act or omission constituting the violation was in good faith and that the
employer had reasonable grounds for believing that the act or omission was not a violation of
this Article, the court may, in its discretion, award no liquidated damages or may award any
amount of liquidated damages not exceeding the amount found due as provided in subsection (a)
of this section.
(b) Action to recover such liability may be maintained in the General Court of Justice by
any one or more employees.
(c) Action to recover such liability may also be maintained in the General Court of
Justice by the Commissioner at the request of the employees affected. Any sums thus recovered
by the Commissioner on behalf of an employee shall be held in a special deposit account and
shall be paid directly to the employee or employees affected.
(d) The court, in any action brought under this Article may, in addition to any judgment
awarded plaintiff, order costs and fees of the action and reasonable attorneys' fees to be paid by
the defendant. In an action brought by the Commissioner in which a default judgment is entered,
the clerk shall order attorneys' fees of three hundred dollars ($300.00) to be paid by the
defendant.
The court may order costs and fees of the action and reasonable attorneys' fees to be paid by
the plaintiff if the court determines that the action was frivolous.
(e) The Commissioner is authorized to determine and supervise the payment of the
amounts due under this section, including interest at the legal rate set forth in G.S. 24-1, from the
date each amount first came due, and the agreement to accept such amounts by the employee
shall constitute a waiver of the employee's right to bring an action under subsection (b) of this
section.
(f) Actions under this section must be brought within two years pursuant to G.S. 1-53.
(g) Prior to initiating any action under this section, the Commissioner shall exhaust all
administrative remedies, including giving the employer the opportunity to be heard on the
matters at issue and giving the employer notice of the pending action. (1959, c. 475; 1975, c.
413, s. 11; 1979, c. 839, s. 1; 1989, c. 687, s. 4; 1991, c. 298.)
Is this enough info needed and if so, can i simply send a claim to the US dept of labor? Also, will my job be at jeopardy if I follow through with this? I would hope not since I earned it:)
Thanks for any input on this newbie poster;)
