In general, you can go back two years to recover your owed overtime wages in North Carolina after your employer fails to pay you the wages you earned. You might also be able to recover interest, liquidated damages, and more.
If you believe your North Carolina employer withheld overtime pay you earned, we can help you determine the validity of your claim. We will calculate your unpaid overtime wages and navigate the process to recover your owed overtime.
Call us today to get started: 704-612-0038.
Time Limits for Recovering Unpaid Overtime Wages in North Carolina
The statute of limitations on filing a civil suit to recover unpaid overtime wages is two years in the state of North Carolina, unless we can prove your employer acted willfully. For a willful violation, the statute of limitations is extended to three years, but this is the exception. The two-year statute of limitations is applicable to most overtime cases filed under the Fair Labor Standards Act. The two-year deadline also applies to filing a civil suit to recover unpaid overtime wages under the North Carolina Wage and Hour Act.
These deadlines mean you need to take action quickly get the full value of your overtime wage theft claim.
For example, imagine you worked for an employer three years ago until you quit due to nonpayment of overtime wages. The court would likely bar us from recovering your overtime wages because you waited more than two years.
There are tight deadlines on these cases, so it is important to act quickly to recover as much of your owed overtime wages as possible. Even if you are not sure you have a case, or if you think your time limit expired, give us a call. We can help you understand whether you might have a viable unpaid overtime wages claim.
Recovering Owed Wages by Filing a Claim in North Carolina
It is possible to file a complaint with the United States Wage-Hour Division or the North Carolina Department of Labor’s Wage and Hour Bureau as a method to recover your unpaid wages. These agencies may pursue a case against your employer on your behalf, and on behalf of other workers in the same position.
Many people decide to handle the process of filing a claim on their own; however, as the Charlotte Observer reported in both 2014 and 2015, the outcome is rarely satisfactory when filing an unpaid overtime wages complaint with the North Carolina Department of Labor.
In many cases, the Department of Labor left unpaid workers high and dry, closing their cases without recovering the compensation these workers earned. To avoid this miscarriage of justice, we often recommend pursuing civil action against your employer.
Taking Civil Action to Recover Unpaid Overtime in North Carolina
If your employer or a former employer failed to pay you the full amount of overtime pay you earned, you have a legal right to hold it accountable for these wages. We can file a lawsuit in civil court to demand your employer pay out your unpaid wages, with interest and liquidated damages.
We will provide a solid case showing how much the employer owes you and provide evidence to show how it withheld this pay. In many cases, employers will offer a settlement once they see the strength of our case against them. If not, we will take your case to court and ask the judge to award the unpaid wages due to you.
Schedule a Free Consultation with an Unpaid Overtime Attorney in Charlotte
At Phil Gibbons Law, P.C., we help North Carolina employees get the unpaid overtime wages they earned. If you have questions about missing overtime pay from your employer — or a previous employer — call us for a free case review. We can help you understand your right to fair compensation and your options for recovering your unpaid overtime wages from the last two years.
Call us today to discuss your case: 704-612-0038.