WAGE AND HOUR DEMAND LETTER
North Carolina Wage and Hour Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, North Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Carolina State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and North Carolina Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the North Carolina Wage and Hour Act, N.C. Gen. Stat. Section 95-25.1 et seq.
Please direct all further communications regarding this matter to our office.
I. NORTH CAROLINA-SPECIFIC LEGAL FRAMEWORK
A. North Carolina Minimum Wage
North Carolina's minimum wage is the federal minimum wage of $7.25 per hour. N.C. Gen. Stat. Section 95-25.3. North Carolina does not have a state minimum wage higher than the federal rate.
North Carolina allows a tip credit of up to $5.12 per hour, meaning tipped employees must receive a cash wage of at least $2.13 per hour plus tips equaling the minimum wage. N.C. Gen. Stat. Section 95-25.3(d).
B. Overtime Requirements
North Carolina follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. N.C. Gen. Stat. Section 95-25.4. North Carolina does not require daily overtime.
C. Meal and Rest Break Requirements
North Carolina law does not mandate meal or rest breaks for adult employees. However, if breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the North Carolina Wage and Hour Act:
- Regular Pay Periods: Wages must be paid at least monthly. N.C. Gen. Stat. Section 95-25.6.
- Termination: All wages due must be paid on the next regular payday following termination, either through regular pay channels or by mail (if requested by the employee). N.C. Gen. Stat. Section 95-25.7.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| North Carolina Wage and Hour Act | 2 years | N.C. Gen. Stat. Section 95-25.22(f) |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
North Carolina Liquidated Damages: Under N.C. Gen. Stat. Section 95-25.22(a), employees may recover:
- The unpaid wages; plus
- Liquidated damages equal to the unpaid wages (unless employer proves good faith and reasonable grounds to believe no violation occurred).
G. Attorney's Fees
Both the FLSA and North Carolina law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); N.C. Gen. Stat. Section 95-25.22(d).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and North Carolina wage and hour laws by:
- [ ] Failing to pay the minimum wage required under federal/state law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. North Carolina Wage and Hour Act Violations
[Company Short Name] violated the North Carolina Wage and Hour Act by [describe violation]. N.C. Gen. Stat. Section 95-25.1 et seq.
C. North Carolina Wage Payment Violations
[Company Short Name] violated North Carolina wage payment laws by:
- [ ] Failing to pay wages on the established payday. N.C. Gen. Stat. Section 95-25.6.
- [ ] Failing to pay all wages due upon termination. N.C. Gen. Stat. Section 95-25.7.
- [ ] Making improper deductions from wages. N.C. Gen. Stat. Section 95-25.8.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. Liquidated Damages
Liquidated damages equal to unpaid wages (FLSA or NC WAHA): $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Liquidated Damages (100%) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate North Carolina Superior Court or United States District Court for the [Eastern/Middle/Western] District of North Carolina.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and North Carolina Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[North Carolina State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)