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Wage, Hour & Overtime Claims

If you need help with Wage & Hour or Overtime issues, contact us online or call us at (412) 338-1144.

The Fair Labor Standards Act requires that “nonexempt” employees be paid time-and-a-half their regular rate for working more than 40 hours a week. Jobs that can be exempt from the overtime requirements include managers who actually perform managerial duties, administrators, learned professionals and similar people. Just because you are paid a salary, does not mean your job is exempt from the requirement that overtime be paid time and a half. Exemptions are fairly technical, and legal advice is important. Do not make your own decision on whether you are covered by an exemption. If you believe your employer has violated the Fair Labor Standards Act, contact a skilled wage & hour and overtime lawyer, at Rothman Gordon.

Where Wage and Hour Violations May Occur

Violations can occur in many ways, and not always intentionally, but employers must be in compliance with the law. The most frequent places violations are found are when employees are misclassified as exempt when they should not be, unpaid breaks, and overtime discrepancies. Mealtimes, on-call time, accrued vacation time, and withholding of final paychecks all bear scrutiny as they are where violations can occur if they are not properly tracked and compensated. Those who are working under a collective bargaining contract may have slightly different rules that have been negotiated.

Our attorneys are highly knowledgeable about wages, hours and overtime law as outlined in FLSA and applicable case law. We use our knowledge to help employees achieve workplace fairness. Contact us online or call (412) 338-1144.

The Fair Labor Standards Act (FLSA) sets the minimum wage, guarantees payment of time and a half for overtime work, and restricts the number of hours of work per day for minors. It applies to private employers for workers eligible for overtime and federal, state, and local governments employing individuals who engage in interstate commerce, produce goods for interstate commerce, or work on goods/materials that have been moved in, or produced for, interstate commerce. The U.S. Department of Labor updated its overtime regulations, effective December 1, 2016.

The Pennsylvania Wage Payment and Collection Law provides a framework for employees to enforce employers’ obligation to pay wages when due.

If you have questions regarding compliance with the law, you may consult the U.S. Department of Labor’s FAQs, the Pennsylvania Department of Labor and Industry’s FAQs, or one of our attorneys.

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