UNPAID OVERTIME & WAGES

The Fair Labor Standards Act (FLSA) is the primary federal law mandating the payment of fair wages and overtime payments to qualifying employees.

The Pennsylvania Wage Payment and Collection Law (WPCL) is a state law that provides a means by which employees are able to recover unpaid wages from their employers.

 

Pennsylvania has many labor laws and overtime rules, which is why it is important to discuss your situation with an employment law attorney at RMN.  

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Does my employer owe me money?

State and federal law requires your employer to pay you overtime when: 

  • You work in excess of 40 hours in a week

  • You work any fixed and regularly recurring period of 168 hours-seven consecutive 24-hour periods.

  • The employer must pay nonexempt employees at a rate not less than one and one-half times the regular rate of pay

  • the FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

  • Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Federal overtime law allows for unpaid overtime to be collected up to two years from the date the pay was earned, and up to three years if the employer was consciously and intentionally violating the overtime law. 

Additionally, Pennsylvania state law makes it illegal to:  

  • Pay someone below minimum wage. 

  • Not pay a qualifying employee overtime pay equal to 1.5x their regular hourly pay for any hours worked over 40 in a week

  • Retaliate against an employee for asking for overtime pay or filing a claim

Pennsylvania overtime law allows for unpaid overtime to be collected up to three years from the date the pay was earned. 

How do I know if I need a lawyer?

If you have been let go, and you have any suspicion that it was for an illegal reason, you should call RMN for a free consultation now. Employers have expensive lawyers that help them cover up their illegal practices. You need an employment attorney that will fight for your rights. If you recently made a complaint about sexual harassment, have over heard racist jokes in the workplace, or noticed everyone gets fired when they hit a certain age, call us now!

How can I afford a lawyer?

We know that hiring a lawyer shortly after you have lost your job may seem financially impossible. The good news is that RMN offers contingency billing so you can pursue justice under the least amount of financial hardship. In contingency billing, we pay all the upfront costs in exchange for a portion of the money we secure for you. If there is no recovery, you pay nothing. It is just another way that we are ATTORNEYS WHO ARE ON YOUR TEAM TM

Are there important deadlines?

Yes, there are extremely important deadlines you must make or your claim could be lost. The EEOC, PHRC, and Courts all have Statutes of Limitations (SOL) that limit the amount of time you have to bring your claim. In some cases, those deadlines can be as soon as 30 days after the illegal act, though in most situations the SOL is between 6 months and 2 years. Only an experienced attorney can tell you what the SOL on your case is. Don't wait to call, or it may be too late. 

How much is my case worth?

There is no simple equation that we can use predict how much your case may be worth. You should not trust an attorney who claims to have one. Every case is unique, and the value of any case can only be determined by actually litigating it in court. Our lawyers can assess your situation and give you potential ranges after in depth investigation, but no one lawyer can tell you what our case is worth until it has been settled or tried.  

FREQUENTLY ASKED

QUESTIONS

Should I complain to human resources?

Yes, you should make a complaint to your company's HR department if you are sexually harassed by a superior or a co-worker. If your company doesn't have an HR department, you should go to a superior, or an owner. In either case, you should call an attorney right away for advice on your situations.

  • Fair Labor Standards Act (FLSA)

  • PA Minimum Wage Act (PWA)

  • PA Wage Payment & Collections Law (WPCL)

  • United States District Court

    • Western District of Pennsylvania

    • Eastern District of Pennsylvania

    • Middle District of Pennsylvania

  • Pennsylvania Court of Common Pleas

    • All counties in Pennsylvania, including Allegheny and Philadelphia

  • Third Circuit Court of Appeals

  • Pennsylvania Superior Court

  • Pennsylvania Commonwealth Court

  • The Equal Employment Opportunity Commission (EEOC)

  • The Pennsylvania Human Relations Commission (PHRC)

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We work hard to make sure that all our information is correct. However, you should never rely on legal information you read on this or any other website without consulting with a licensed attorney. Nothing on this website shall be interpreted as legal advice or as creating an attorney-client relationship. RMN specifically disclaims all representations and warranties and urges you to call an attorney if you have any legal questions.