Not receiving the pay you’ve rightfully earned can be one of the most frustrating and stressful experiences an employee can face. Whether it's unpaid overtime, a missing final paycheck, or an incorrect wage rate, the money you work for is more than just a number—it’s your livelihood. Taking action to recover your wages is not only your right but a necessary step to protect your financial well-being.
If you are a Philadelphia employee dealing with an unpaid wage issue, this guide is designed to empower you by breaking down the process of filing a wage claim in the Commonwealth.
What is a Wage Claim in Pennsylvania?
In Pennsylvania, your right to timely and accurate payment is protected under the Pennsylvania Wage Payment and Collection Law (WPCL). This law governs how and when employers must pay wages, including final paychecks. A wage claim can be filed for various issues, such as:
Unpaid Regular Wages: When you have worked hours or a set period but were not paid.
Unpaid Overtime: When your employer fails to pay the required time-and-a-half rate for hours worked over 40 in a workweek.
Unpaid Final Paycheck: When you are not paid all earned wages after you quit or are terminated.
Improper Deductions: When your employer deducts money from your pay without proper legal justification or your consent.
The WPCL also provides for "fringe benefits" and "wage supplements," which can include vacation pay, holiday pay, severance pay, and commissions, if they are part of a written or established company policy.
A Simple Guide to Filing Your Claim
Step 1: Gather Your Evidence
The success of your claim hinges on having a strong, documented case. Before you file, compile as much of the following documentation as possible:
Pay Stubs: Collect all of your pay stubs, both from before and during the period of the wage issue.
Employment Contract or Offer Letter: Any document that outlines your rate of pay, job duties, and payment schedule.
Time Records: This includes timesheets, punch cards, emails, or personal logs that show the hours and dates you worked.
Communication Records: Keep copies of all emails, text messages, or letters between you and your employer regarding your pay.
A Detailed Log: Write down a clear, chronological account of the events, including specific dates, amounts of unpaid wages, and any conversations you had with your employer.
Step 2: Attempt Internal Resolution
While it may feel uncomfortable, a professional, written request to your employer is often the first step recommended by the Department of Labor & Industry. A simple email or letter stating the wages you believe you are owed, referencing your pay schedule, and requesting a resolution can sometimes fix the issue without further action. This also serves as crucial documentation for your claim.
Step 3: File with the Pennsylvania Department of Labor & Industry
If your employer does not resolve the issue, you can file a formal complaint with the Pennsylvania Bureau of Labor Law Compliance. The most efficient way to do this is by using their online wage complaint form. The form will ask for detailed information about your employment, the company, and the nature of your claim.
The Department of Labor will then investigate your complaint, which may involve contacting your employer to mediate a resolution or, if necessary, taking legal action on your behalf to recover the wages.
Important Information to Keep in Mind
Statute of Limitations: In Pennsylvania, the statute of limitations for filing a wage claim is generally three years from the date the wages were due. Don't delay—acting quickly is always in your best interest.
Potential for Damages: The WPCL allows for more than just the recovery of unpaid wages. If the court finds that an employer acted in bad faith by withholding your wages, you may be entitled to additional compensation, including "liquidated damages" (25% of the unpaid wages or $500, whichever is greater) and even attorney's fees.
By taking these steps, you are not just recovering money—you are holding your employer accountable and standing up for your rights as a working professional in Pennsylvania.
Talk to Wage & Hour Dispute Lawyer in Philadelphia For Legal Help
This process can be complex, and navigating it alone can be daunting. If you're considering a wage claim and want to ensure you have a strong case, don't hesitate to seek professional legal advice. The experienced legal team at Goodley McCarthy LLC is ready to help you understand your rights and fight for the compensation you deserve. We have successfully recovered millions of dollars in unpaid wages for thousands of workers. Let us help you.
Contact us today at (215) 273-3491 for a free consultation.