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Salary Employee North Carolina

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  • Salary Employee North Carolina

    ok i have a friend she works 50-60hrs a week if not more. She is not payed overtime cause she is payed salary. she make about $350 a week before taxes i heard that if you are salary then it must be atleast $450 a week. but my question is if she taxes a day off to register for classes at her school then can her employeer deduct money from her check even if she works atleast 40hrs that week? your help would be greatly appreciated.

  • #2
    Just what does your friend do?

    While $455 a week is a good guide to the minimum required to be exempt from overtime, there are exceptions.

    If your friend takes off an entire day for personal reasons, that time can be "docked" from the salary.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Maybe I'm wrong, but I thought that even if you're paid a salary, it doesn't necessarily mean you are exempt. Therefore, if she's non-exempt she should be getting paid for the overtime she has been working. Am I off base?

      dellis, what does your girlfriend do at her job?

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      • #4
        my friend is a manager at a icecream/food store

        my friend has not had a day off for over a month now she works mon-sun and when she did have a day or two off from work she still had over 40hrs in for that pay/work week shestill only gets paid 350 or so before taxes and does not get overtime. Someone else at the work told the owner she was going to call the labor board but he said he did not care. He had been to the labor board a few times and won some and lost some and he no problem to go again. this man has norespect for the labor board/labor laws.

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        • #5
          It's very possible that such a small employer, and if the company does not transact any interstate commerce (such as buying supplies from out-of-state), would not be subject to the Fair Labor Standards Act, thereby rendering everything said up until now, moot, at least, federally. It is unclear to me whether or not NC law applies if the FLSA does not. There's a phone number at the bottom of this poster where you can call to inquire.
          http://www.nclabor.com/posters/Engli...%20Version.pdf
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by dellis View Post
            she was going to call the labor board
            A pesistent and, apparently, immortal myth that the labor board is the place to go.

            In my state and at the federal level, the Labor Board will handle union issues, but not wage and hour ones.

            For those, you need to contact the US Department of Labor Wage and Hour Division or its state equivalent. In my state, that would also be the Wage and Hour Division of the Department of Labor, but, in Texas, they call it the Texas Workforce Commission and not Department of Labor.

            In any event, when an employee "threatens" to call the "labor board," I know that they have no clue and give them the phone numbers for the state and federal wage and hour divisions. I never hear from either agency.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              Originally posted by ScottB View Post
              A pesistent and, apparently, immortal myth that the labor board is the place to go.

              In my state and at the federal level, the Labor Board will handle union issues, but not wage and hour ones.

              For those, you need to contact the US Department of Labor Wage and Hour Division or its state equivalent. In my state, that would also be the Wage and Hour Division of the Department of Labor, but, in Texas, they call it the Texas Workforce Commission and not Department of Labor.

              In any event, when an employee "threatens" to call the "labor board," I know that they have no clue and give them the phone numbers for the state and federal wage and hour divisions. I never hear from either agency.
              OK, then, ScottB, move to another state.

              Seriously, my comment that the employer may not even be subject to the FLSA is, in my humble opinion, an important point. And, actually, I found an even better phone number for NC DOL to inquire specifically about whether or not an employer is subject to the applicable minimum wage and overtime laws here (at the bottom of the page):
              http://www.dol.state.nc.us/wh/fact%2...vertimepay.htm
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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