Earning an honest paycheck is the right of every worker. Whether you’re an employee in an office, a factory, or any other workplace, your time and labor are valuable. Yet, countless workers in Pennsylvania are denied fair compensation for the overtime hours they’ve worked for their employers. If this has happened to you, it’s important to know that you are not alone, and you have legal avenues to recover what you’re owed.
Understanding Unpaid Overtime in Pennsylvania
What Is Overtime Pay?
Under the Fair Labor Standards Act (FLSA) and Pennsylvania wage laws, most workers who work more than 40 hours per week are entitled to overtime pay. Overtime pay must be at least 1.5 times your regular hourly rate for every hour worked beyond 40 in a workweek.
Are You Covered Under Overtime Laws?
Not all employees are eligible for overtime pay. The exemptions are based on specific criteria under the FLSA rules. Here’s a quick breakdown of employees who are not exempt and are generally entitled to overtime pay:
- Hourly Workers
- Non-Managerial Salaried Employees: If you make less than $684 per week under the federal guidelines, you are likely entitled to overtime pay.
- Employees without Decision-Making Power: Those performing repetitive or routine tasks.
On the flip side, exempt employees such as certain executives, administrators, professionals, or outside sales representatives may not have legal rights to overtime.
It’s critical to understand your classification as an employee to determine your eligibility.
Common Ways Workers Are Denied Overtime Pay
Employers may deny workers their rightful overtime pay in several ways, some intentional and others due to mismanagement. Here are some common scenarios you might recognize:
- Misclassification of Workers: Labeling employees as “exempt” even when they perform non-exempt tasks.
- Off-the-Clock Work: Asking employees to work through lunch hours, stay late, or complete additional tasks outside their recorded hours.
- Improper Calculation of Hours: Failing to count bonuses or commissions when calculating overtime pay.
- Straight-Time Payments: Paying hourly rates for overtime instead of 1.5 times the regular wage.
These practices are not just unfair but also illegal. If your employer has engaged in any of them, your rights may have been violated.
Steps to Recover Unpaid Overtime
If you suspect that your employer owes you overtime pay, don’t stay silent. Here are concrete steps you can take to initiate recovery while protecting yourself throughout the process.
1. Understand Your Rights
Before moving forward, familiarize yourself with Pennsylvania’s wage and hour laws. Resources like the Pennsylvania Department of Labor & Industry and the U.S. Department of Labor’s Wage and Hour Division (WHD) can provide helpful insights.
2. Document Everything
Good recordkeeping is essential for any claim. Employers may deny wrongdoing, so having thorough evidence on hand is crucial. Gather the following:
- Your employment contract or official job description
- Pay stubs, timesheets, and any written communications about work hours, schedules, or pay
- Notes on conversations with supervisors or managers regarding overtime
Accurate and detailed documentation strengthens your case.
3. Speak to Your Employer First
Miscommunication sometimes leads to mistakes in overtime calculations. Before escalating the situation, raise your concerns with your HR department or manager. Approach the conversation professionally and ask for clarification. However, if the employer refuses to pay or retaliates, it’s time to move to the next step.
4. File a Complaint with the Department of Labor
You have the right to file a formal complaint with the Wage and Hour Division of the Department of Labor. Their investigators can examine your situation and determine if you are owed additional compensation.
5. Seek Legal Assistance
Sometimes, filing a complaint isn’t enough to secure justice. That’s where legal support comes in. An experienced employment attorney can guide you through the process and help you pursue compensation through mediation, arbitration, or even a lawsuit.
Why Speaking to an Employment Lawyer Makes a Difference
Employment laws are complicated, and unpaid overtime cases often involve nuanced legal issues. By working with a skilled attorney, you gain access to someone who will:
- Advocate for Your Rights: Ensure your claim receives the attention it deserves.
- Negotiate on Your Behalf: Handle communications with your employer to secure your unpaid wages without additional stress.
- Maximize Compensation: Work to recover damages beyond your unpaid wages, often including penalties or interest the employer owes.
Don’t Wait to Take Action
Under Pennsylvania law, there are strict timelines for filing wage and hour claims. The statute of limitations for an unpaid overtime claim is generally two years, but in cases of willful violations, it may extend to three years. Either way, the clock is ticking.
Your Fight for Fair Pay Starts Today
No one should have to fight for what they’ve worked hard to earn, but if you’ve been denied overtime pay, you have powerful tools at your disposal to secure what you’re owed. Armed with the right knowledge, strong documentation, and the guidance of an experienced professional, you can turn the tables and hold your employer accountable.
At Goodley McCarthy LLC, we’re passionate about helping Philadelphia workers reclaim their rights and unpaid wages. In fact, we have already recovered millions of dollars in unpaid wages for thousands of workers under federal, New York, New Jersey, Pennsylvania, and District of Columbia law. We can help you, too.
If you’re ready to explore your legal options, we're here for you. Contact us today at (215) 273-3491 for a free consultation.
You’ve worked hard for your paycheck. Now, it’s time to make sure it pays off.