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Question

I separated from my employment because I was not being paid for my overtime. When I approached them about it, they denied knowing the existance of any laws regarding overtime and insisted I was in the wrong. After seeking some kind of legal advice - they decided to pay me a small portion of the overtime owed to me. Over a 2 year period, my overtime hours totaled over 700 hours. My hourly rate was approximately $20/hr. Is there a time frame in which I have to file a claim with the labor board. I left there in March of 2008. I know there will be repercussions if I file a claim as I live in a very small town. I am a paralegal by profession, but after several months of looking for something comparable - I have been unsuccessful and I am ready to file - if there is no statute of limitations. I live in NC. Please advise.

Submitted: 371 days and 5 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Statesville, North Carolina

Already Tried:
I have researched the Federal Labor Laws regarding overtime pay back in March before I confronted my employer, who is a lawyer. I wanted to be sure that I was in fact non-exempt before I went to them with the issue and documentation of all my hours.

Accepted Answer

<p>It is time for you to contact the Department of Labor, Wage and Hour Division. You should also file with the state agency equivelent. They have field offices in many locations.</p><p> </p><p>There is a statute of limitations. You can recover going back two years from filing. However, if you were working in a law office or legal department, you can probably go back three years, because willful violations allow for that extra year. No one is going to believe that a law office or legal department just "didn't know" about overtime.</p><p> </p><p>I hope this helps. Please press accept and leave feedback.</p><p> </p><p>Len</p><p> </p>

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Expert: Len
Pos. Feedback: 100.0 %
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Answered: 11/17/2008

Lawyer

15 years experience in employment and criminal Law.

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