Should I get a lawyer regarding a wage claim?

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Should I get a lawyer regarding a wage claim?

I am 21 years old and I have a 17 year old girlfriend. She has been working at a fast food franchise for a couple months now. The manager told all the employees that their clock-out slips are inaccurate. So I took it upon myself to start counting my girlfriend’s hours. As you can probably guess, her paychecks are less than the hours she’s working. Also, she is a minor which I’m pretty sure means you have to have at least 1 day off. They had her work 2 weeks

straight without a day off and the removed the overtime that she earned from her paycheck.

Furthermore, they don’t even have a spot on her pay stub that says overtime. What should I do? Should I be prepared with legal consultation before taking legal action?

Asked on June 21, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You CAN'T bring a claim on her behalf: doing so would constitute the unauthorized practice of law and you could face siginificant liability. It doesn't matter if she wants you to speak on her behalf: only a lawyer can represent another person. So either she will need to speak to the labor board herself or she will have to hire a lawyer: you can't do this for her.


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