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On February 28, attorney Benjamin Winikoff discussed common North Carolina employment law misconceptions and questions.

Do salaried employees get overtime?

An employee’s status as a salaried worker does not automatically disqualify them from receiving overtime pay. One example of a “non-exempt salaried employee” is someone who receives regular pay but is only paid the minimum wage. Even though you are paid on a salary basis, you can be eligible for overtime pay depending on your job responsibilities and income level.

Is my employer required to provide me with a meal break?

For workers 16 years of age and older, meal and rest breaks are not mandated by the North Carolina Wage and Hour Act. If an employer does provide breaks, they must typically last at least 30 minutes in order for the employer to deduct that time from the employee’s compensation.

Does my employer have to pay me vacation leave after I quit or leave my employment?

According to N.C.G.S. 95-25.13(2) of the WHA, earned vacation pay, commissions, and bonuses cannot be forfeited unless the employer has a written forfeiture language in its vacation, commission, or bonus policy or termination policy. 

If I don’t file an accident report does this mean I cannot file a workers’ compensation claim?

The standard is that you just need to inform your employer of your injury in writing within 30 days of the incident. It doesn’t have to be an accident report, though. However, if the employer receives notice of the injury or if the employee can offer a valid justification for the delay, the 30-day rule is not applicable.

If I was traveling while injured, can I still file a workers’ compensation claim in North Carolina?

You can still file a claim for benefits in North Carolina so long as one of the following is true: 

  1. Contract of employment is made in N.C.
  2. The Employer’s principal place of business is N.C., or the Employee’s principal place of employment in N.C.

Source: WFMY

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Helen represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.

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