PHILADELPHIA OVERTIME ATTORNEY

Pennsylvania’s overtime rules follow the Fair Labor Standards Act (FLSA). This means that hourly employees are entitled to time-and-a-half overtime pay for any hours worked over 40 hours. Others that qualify for overtime pay according to the FLSA include:

• Any employee of an enterprise engaged in interstate commerce which has gross receipts of at least $500,000 per year
• Any domestic worker who earns at least $1,700 per year or works at least eight hours per week
• Any employee of a hospital or other institution caring for the sick, aged, or mentally ill

Some FLSA overtime pay violations are very obvious at first glance. However, many of them are not so noticeable. As a result, it can take time before an employee realizes that a law is being violated, resulting in weeks, months, or even years of pay they worked for but did not receive. In addition, many employers will intimidate their employees into staying silent about the violation, for fear of retaliation.

Some common ways that employers will routinely violate overtime law include off the clock work and misclassification.

”Off the Clock” Work

Employees are supposed to be compensated for the entire length of time they are furthering their employer’s business, even if it exceeds 40 hours per week. Yet, some employers require their employees to perform work either before clocking in or after clocking out.

Even small tasks before or after your shift will start to add up. Spending just five minutes off the clock completing an extra task can add up to hours of unpaid labor in just a couple of weeks. Before you know it, a year has passed and there is a substantial amount of money you are owed but have not received.

Misclassifying Employees

Another way employers may try to reduce paying employees fair wages is by misclassifying them. Standard wage and hour laws don’t apply to those who are labeled as independent contractors, but sometimes employees are mislabeled as independent contractors so their employers can avoid paying them overtime.

There is a multi-factored and fact-intensive legal test for distinguishing between an employee and an independent contractor that looks at the nature of your work, the amount of supervision you receive, where your work is performed, and who provides your tools, among other factors.

There are a number of other ways that employers can misclassify their employees so as to not have to pay them overtime, even though they are entitled to it. This can include classifying an employee as salaried instead of hourly so that they don’t believe that they are entitled to overtime pay. 

No one should be forced to work without receiving compensation for their time. It’s not only immoral, it’s illegal.

When Pennsylvania employers abuse their positions of power to take advantage of their workers through wage and hour violations, our overtime attorneys at Morgan & Morgan know how to get justice. In addition, we work on a contingency-fee basis. That means you only pay if we win.

To learn more about your potential options, contact us for a free, no-obligation case evaluation.