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Thread: A Legal question

  1. #1

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    Question

    I searched everywhere online about north carolina state law, I'm trying to determine if it's legal to tell an employee to work 44 hours a week, (The catch is, no overtime is paid, they just say 44hr is your salary rate) the reason I ask is because a friend of mine who has a BA in criminal justic, was telling me that in the state of NC, you cannot work past 40 hours and not get any overtime for it. I just wanted verification , since I'm required to work 44hours a week.
    -Karl Blessing aka kb244{fastHACK}
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  2. #2
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    Get a labor lawyer. I don't know if it's legal or not, and
    I wouldn't take ANY advice on that from this board. It's
    not what you know that hurts, it's what you THINK you know.

    But you should seriously look for another job. Especially
    if you can move. The Sacramento area of CA is crying for
    warm bodies that can find the on-switch 3 tries out of 5.

    DerFarm

  3. #3

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    I dont plan to take the word of people off the board, but rather be pointed in the right direction, and possibly get input, and as far as California goes, that seems like one heck of a long way.

    (I've moved 23 times, I'm 19 years old)
    -Karl Blessing aka kb244{fastHACK}
    [email protected]

  4. #4

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    If I had to get a new job I would stay in North Carolina, as the unemployment rate is a little below 1%, also Raliegh-Durhum area has one of the lowest cost of living for techies, as opposed to california, or new york.
    -Karl Blessing aka kb244{fastHACK}
    [email protected]

  5. #5
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    You live in a right-wing, anti-labor state. Jesse Helms is
    no mistake. If what is happening to you is legal anywhere,
    it would be North Carolina.

    Again, check with a lawyer. The first consultation should
    be free, or at least shouldn't cost more than $50-75./

    Good Luck
    DerFarm

    PS - I wouldn't move to Seattle on bet. Killer Whales
    scare me.


  6. #6

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    I'm not familiar with "Right wing" and "Jesse Helms"

    also I've read some things pined up in the back about not working past 40 hours, and it was an NC law thing, but it only said about hourly pay, so um, I am not sure.
    -Karl Blessing aka kb244{fastHACK}
    [email protected]

  7. #7

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    I'm reading this

    http://www.ncga.state.nc.us/statutes..._pdf/chp95.pdf

    page 7 of 85

    95-25.4 Overtime.
    (a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week;
    provided that employers of seasonal amusement or recreational establishment employees are required to pay those employees the overtime rate only for hours in excess of 45 per workweek
    {b} Repealed by Session Laws 1991, c. 330, s. 2. (1973, c. 685, s.1; 1979, c. 839, s.1; 1979, c.839, s. 1; 1991, c.330, s.2, c.492, s.1.)
    -Karl Blessing aka kb244{fastHACK}
    [email protected]

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    Smile In all the crap jobs i had..

    and all of my friends who have had crap jobs, we all agree that after 40 hours a week they HAVE to pay you overtime..
    thats the way it works..well at least here in california

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