Pennsylvania Fair Labor Standards Act Lawyers
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 in Pittsburgh and Western Pennsylvania who did not receive all of the compensation to which they were entitled from their employer. Typical cases include unpaid overtime, unjustified deductions (lunch break deduction when no break occurs), unpaid commissions, benefit deductions where no benefits are provided, unpaid severance pay and failure to provide a paycheck.
We offer a free initial consultation to evaluate your case.
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. Generally, all employees qualify for overtime under Pennsylvania law except for the following classifications:
- Independent contractors — 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 non-manual 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 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.
What if My Co-workers Do Not Receive the Overtime They Deserve?
Often, unpaid overtime cases affect many employees who work for the same company. I handle these cases as class action lawsuits.
Free Attorney Consultation About Employee Overtime Compensation
Please call our Pittsburgh unpaid overtime lawyers at 866-974-0915 for a free and confidential consultation.
