Wage, Hour & Overtime Claims
If you need help with Wage & Hour or Overtime issues, contact us online or call us at (412) 338-1195.
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.
Is your employer cheating on your hours?
Cheating can happen by requiring you to perform some significant work-or just wait around-before you clock in, or after you clock out. The law permits some-but not all-unpaid “preliminary” and “postliminary” work, so the facts of each situation are very important.
Cheating can happen by giving you so much work to do that you routinely have to work through your unpaid meal breaks, but you are not paid for the time.
Sometimes the company simply clocks everyone out for lunch and clocks them in again a half hour or hour later without taking into account whether the employees were working. Cheating can happen by giving you so much work to do that you routinely have to work through your paid rest breaks. Cheating can happen when managers go into time records and falsify the reported time.
Is your employer cheating on your overtime?
Cheating on classification. Some jobs are exempt from the requirement of paying time-and-a-half for overtime. The tests are technical, and you should discuss your own situation with an attorney who knows this area of the law. Legal advice is important. This firm provides this advice. Many employees are paid a definite amount of money per week, or per pay period, as a salary instead of an hourly wage. Many salaried employees are entitled to overtime.
Many salaried jobs are exempt from overtime pay requirements only if the employer passes what is called the salary basis test, but the employer has to pay overtime if the job fails the salary basis test and is therefore nonexempt. There are several parts to this test. Just being paid a salary is not enough.
If an employer docks the pay of an employee for an absence of part of a day, or requires an employee to use vacation time for an absence of part of a day, it must pay overtime. Employers can save a lot of money by misclassifying nonexempt employees who are entitled to time-and-a-half for overtime as exempt employees who do not have to be paid anything more for overtime, working them long hours and telling them they are not entitled to overtime. Each such employer will continue to get away with it until an employee decides not to put up with it any more, and takes action. Cheating also occurs when an employer shifts overtime hours in a two-week pay period to the week in which the employee worked less than 40 hours. This kind of case can often be resolved quickly.
Is Your Employer Cheating On Your Benefits?
Cheating on benefits can be covered by the Employee Retirement and Income Security Act (ERISA). ERISA rights can be quite valuable, and should never be ignored. One form of cheating on benefits involves the failure to make required contributions to a retirement or other benefit plan. An employer who is supposed to contribute a certain percentage of payroll to an ERISA plan violates ERISA as well as the wage and hour laws if it cheats on employee compensation. Another form of cheating on benefits involves the failure to pay required benefits.
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) 338-1195.
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.