Resolving Overtime Compensation Issues

One of the most common violations of the Fair Labor Standards Act is unpaid overtime. If you did not receive the overtime payment you deserve for hours worked in excess of 40 in a week, you may be entitled to compensation from your employer plus reimbursement of your legal fees.

At the law firm of Joshua M. Bloom & Associates, P.C., we represent employees who did not receive all of the compensation to which they were entitled from their employer. In appropriate cases, we also represent small business employers rather than employees. This ability to handle either side of an issue gives us the ability to guide clients effectively toward creative resolutions to the issues at hand.

We offer an initial consultation to evaluate your case. Based in Pittsburgh, we represent clients throughout Western Pennsylvania.

Who Is Entitled to Overtime Compensation?

The Fair Labor Standards Act and the Pennsylvania Minimum Wage Act of 1968 provide that an employer is required to pay 1.5 times your regular wage for any work performed over and above 40 hours per week. Our attorneys have the knowledge and experience in workplace issues to handle payment issues or any other dispute that arises regarding payment.

Generally, all employees qualify for overtime under Pennsylvania law except for the following classifications:

  • Independent contractors — When neither the individual nor the manner of his or her work is controlled by the employer
  • Executives — (1) paid on a salary basis; (2) primary duty is management of the enterprise, its department or its subdivision; (3) customarily and regularly directs the work of two (2) or more employees; (4) authority to hire and fire, or suggestion to do the same, is give significant weight; (5) executive duties performed at least 80 percent (60 percent for retail) of the time
  • Administrative employees — (1) paid on a salary basis; (2) primary duty is the performance of office or nonmanual work directly related to management or general business operations of the employer; and (3) primary duties include the exercise of discretion and independent judgment with respect to matters of significance; (4) administrative duties performed at least 80 percent (60 percent for retail) of the time
  • Professional employees — (1) paid on a salary basis; (2) primary duty is work that requires knowledge of an advanced type in a science or learning customarily acquired by a prolonged course of specialized intellectual instruction or work that requires invention, imagination, originality or talent in a field of artistic or creative endeavor; and (4) professional duties performed at least 80 percent (60 percent for retail) of the time
  • Outside sales employees — (1) primary duty is making sales; and (2) engaged away from the employer's place or places of business at least 80 percent of the time (home office is considered employer's place of business)
  • Miscellaneous exemptions — Interstate truck drivers and mechanics, teachers, lawyers, doctors, volunteers, trainees, business owners (at least 20 percent), retail sales people who are paid substantially by commission, etc.

What Compensation Am I Entitled to Receive for Unpaid Overtime?

The Pennsylvania Wage Payment and Collection Law provides that an employer who does not pay wages and/or benefits in a timely manner without a good faith defense is responsible to pay:

  • The unpaid amount and possibly double damages under the FLSA
  • Liquidated damages (25 percent or $500, whichever is greater)
  • Your attorneys' fees and costs

It is possible to sue the officers and/or owners of the company individually.

Often, unpaid overtime cases affect many employees who work for the same company. I handle these cases as class action lawsuits.

The bottom line is that employment compensation issues can be complicated. Our lawyers have the knowledge needed to protect your interests, whether you are an employer or an employee.

Attorney Consultation About Employee Overtime Compensation

Please call our Pittsburgh unpaid overtime lawyers at 412-867-6650 or 866-974-0915 for a confidential consultation.