Know Your Rights: Wage Theft

You have the right to be paid for your work. Wage theft is what happens when your boss does not pay you for work you have done, or does not pay you the right amount.

Wage theft is illegal. It can take several forms. Your employer may pay you less than the minimum wage or deny you overtime pay. Your employer may refuse to pay you at all. Any time your employer underpays you or does not pay you for your work, that is wage theft.

How much should I be paid?

• Minimum Wage – The minimum wage in North Carolina and nationally is $7.25 per hour. Agricultural workers on very small farms and some domestic workers are not covered. It does not matter if you are paid by the hour or per piece; you should get paid at least $7.25 for each hour worked. Even if you are undocumented, you have the right to be paid the minimum wage. If your company or boss promises you more than the minimum wage, by law they have to pay you what they promised.
• Overtime Pay – Your employer must pay you 1½ times your normal pay rate for all hours worked over 40 hours in a workweek. For example, if you make $7.25 per hour, and you work 45 hours in a week, you should be paid $10.88 per hour for 5 hours. Overtime pay is based on the hours worked each week, not the hours worked each day or the number of days worked. Agricultural and domestic workers do not have to be paid overtime pay.

What time should I be paid for?

In addition to me you are working, me spent waiting at the worksite after you have reported for duty is paid me. Time spent in trainings and meetings your employer requires from you is paid me. Your employer does not have to pay you for any me when you are free to use the me for your own purposes. Transportation while on your employer’s business between job sites is paid me. Time spent putting on or taking off required clothing or equipment is usually paid me. Ordinary home‐to‐work transportation is unpaid.

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