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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

Foto del autor

Helen representa a clientes que se enfrentan a cargos penales tanto en tribunales estatales como federales. Es miembro del panel de abogados de la Ley de Justicia Penal en el Distrito Medio de Carolina del Norte, y está admitida para ejercer ante los Tribunales Federales del Distrito Este, Medio y Oeste, así como en los Tribunales de Apelación del Cuarto y Undécimo Circuito.

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