Q&A

Can a secretary of Labor sue an employer for back pay?

Can a secretary of Labor sue an employer for back pay?

If an employer is ordered to pay an employee back pay to settle a wage dispute, then the employee has the right to file a private suit for back wages, liquidated damages, court costs and legal fees. The FLSA also enables the secretary of labor to sue on the employee’s behalf for back pay and liquidated damages.

When does an employer not have to pay an employee?

An employer doesn’t have to pay a salaried employee if he doesn’t work at all during a workweek. Employers can never reduce pay for hourly workers below minimum wage.

Can a employer garnish an employee’s paycheck?

The law does not, however, interfere with an employer’s right to fire an employee because their earnings are separately garnished for two or more debts. Most employees also have the right not to have their tips garnished.

Can a employer withhold paychecks from an employee?

In a case in Oregon, an employer wanted to withhold paychecks from employees who did not sign time sheets in a timely manner. This is also a “no-no.” You as the employer are responsible for tracking hours worked and paying employees on regular paydays.

How does an employer pay an employee in North Carolina?

An employer may pay wages by direct deposit, so long as the wages are deposited into an instutition whose deposits are insured by the federal government or into a financial institution selected by the employee. NC Admin. Code 13-12.0309 An employer must pay an employee who has been separated from employment all wages due by the next regular payday.

When do you receive your final paycheck in NC?

An employee can request payment of the final paycheck by mail. Commissions, bonuses, or other similar types of wages must be paid on the next regular payday after the employer is able to calculate the amount and must be paid to the employee unless the employer has timely notified the employee of any forfeiture policy.

Where can I find NC wage and Hour Act rules?

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Wage and Hour Act can be found at the Office of Administrative Hearings website.

Can a employer deduct wages from an employee paycheck?

An employer is not required to have written consent from an employee to deduct wages from an employees paycheck for a cash shortage, inventory shortage, or property damage if the employee has been arrested or criminal process has commenced against the employee as a result of the shortage or property damage.