Legal Question in Business Law in North Carolina

Good morning,

I have a question that's actually concerning my wife. She works at a daycare as a lead teacher. The owners of the daycare do not pay her if she is on the clock for more than 8 hours in a day. So if she clocks in at 8 and clocks out at 5:20, she's only getting paid for 8 hours. So at the end of the work week, if she has more than 40 hours not only is she not getting paid for the extra time spent at work but she's also not getting overtime. Is this legal?

The owners also recently had a meeting where he told them that if someone does not come to releave them for a lunch break right at their time, they still have to be back from lunch at their scheduled end of lunch. So let's say her scheduled lunch is from 12-1. If someone doesn't come to releave her until 12:15 - she still has to be back at 1. Once again, she is not being paid this time as her 1 hour lunch is unpaid.

Any light you can shed on this would be great.

Thank you.


Asked on 9/21/11, 7:11 am

1 Answer from Attorneys
Geneva Yourse Cauley Pridgen, PA

She is required to be paid for all of the work that she does. If she works 8.5 hours, her employer is required to pay that amount. If the employer demands that she work more than 8 hours and only pays her for 8 hours, she should contact the NC Department of Labor at 1-800-NC LABOR. They will contact the employer for an investigation in the matter. If possible, your wife should collect proof possible to show that she worked the hours that she alleges.

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Answered on 10/17/11, 11:58 am


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