North Carolina  |  Employment Law

Legal Question

Asked on: 5/09/13, 8:41 am

I am employed in NC and paid a flat rate no matter how many hours I work. I am scheduled significantly more than 40 hrs per week and on call 24/7 & frequently required to work above and beyond scheduled hours whenever called w/out notice. I am also assigned work to do at home. I questioned the legality of these practices and was told that NC is a right to work state and that employees with the word 'manager' in their job titles 'have no employee rights'. I've been here approx 6 months and suspect we're understaffed partly bc they fire anyone who does not comply but mainly as a management gambit so everything is a 'crisis' requiring immediate attention. Are there any daily or weekly limits on the amount of hours a salaried employee can be made to work? Can employees be required to be available 24/7, including weekends? Thanks much.

1 Answer

Answered on: 5/09/13, 10:02 am by Kenneth Love

A salaried employee is typically expected to work until the job is done. In exchange for the stability of having a known paycheck each period, you give up the right to overtime and other benefits lower paid staff are paid. You can contact the NC Department of Labor to confirm that you are an "exempt" employee for the purposes of overtime. If you are, then unfortunately as a salaried worker, your job can expect you to work much more than 40 hours a week.,

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Ken Love Law 3410 Healy Drive Winston Salem, NC 27103

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