Answering your employment questions

 

Employment law can be tricky or confusing at times and questions about workplace situations pop up often. 

Welcome back attorney Ben Winikoff is here answering your employment

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Answering your employment questions | Part 2

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Attorney Benjamin Winikoff and 2WTK broke down common misconceptions and questions. 

Do salaried employees get overtime?

Just because an employee may be salaried does not automatically mean that they are not entitled to overtime. For example, if you are paid on a regular schedule but are only minimum wage, you may be a “non-exempt salaried employee.” Depending on your job duties, and how much you make, you may be entitled to overtime even if you are paid on a salary basis.

We are just a few days out from 4 all service day. This is your

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

The North Carolina Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. Generally, if an employer does give breaks, then the break must be at least 30 minutes for the employer to be able to deduct the time from an employee's pay.

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

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

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

The general rule is that you only need to report your injury, in writing, to your employer within 30 days of injury. However, it does not have to be an accident report. In addition, the 30-day rule does not apply if the employer has actual notice of the injury or if the employee can provide a reasonable excuse for the delay.

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.