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My employer failed to pay me 1.5 of my regular wages for overtime. I was paid straight pay

1 Answers. Asked on Sep 05th, 2017 on Labor and Employment - North Carolina
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My employer failed to pay me 1.5 of my regular wages for overtime. I was paid straight pay. I enquired about this and they insisted that I was only to receive straight pay for any hours over 40. I was I was an hourly employee and they stated I was exempt which was not the case as I was a temporary employee who was only paid by the hour I worked an not a predetermined salary amount. Do I need to Get a lawyer or am I able to file the complaint myself? I am owed over 250 hours of overtime pay?
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Answered on Sep 06th, 2017 at 8:12 AM

I recommend that you consult with an experienced employment attorney.  There are numerous exceptions (exemptions) for an employer to get out of paying overtime. However, if you were paid by the hour, in most cases, you should paid overtime at a rate of 1.5 time your hourly pay.  You can file a complaint yourself with the NC DOL or the US DOL depending on who has jurisdiction. 

Keep in mind that you will need to reach out to attorneys yourself as we are not allowed to solict representation from you.

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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