Wage and Hour Lawyer in Pennsylvania

Frequently Asked Questions

What Is the Minimum Wage in Pennsylvania?

The minimum wage in Pennsylvania is currently $7.25 per hour, matching the federal minimum wage. However, there are ongoing efforts to raise the state’s minimum wage to better reflect the cost of living. Understanding your rights under minimum wage laws—both at the employment law level and within union contracts—is essential, as wage violations remain common.

Under employment law, workers who believe they are not receiving proper minimum wage compensation can pursue claims for unpaid wages. From a labor law perspective, unionized workers may have higher minimum wages established through collective bargaining agreements, which employers are legally required to honor.

Certain categories of employees, such as tipped workers, have distinct wage standards. In Pennsylvania, tipped employees may be paid as little as $2.83 per hour, provided their tips bring their total earnings up to the federal minimum wage. Disputes can arise if tips are miscalculated, withheld, or improperly pooled, necessitating legal intervention to protect workers’ rights under both wage laws and applicable labor agreements.

How Is Overtime Pay Calculated in Pennsylvania?

In Pennsylvania, eligible employees—whether hourly or salaried—are entitled to overtime pay at 1.5 times their regular rate for all hours worked beyond 40 in a workweek, under both state and federal employment laws. Proper classification of employees is critical, as misclassification can lead to the denial of overtime rights and significant wage disputes.

From an employment law perspective, many overtime disputes stem from employers improperly designating workers as exempt from overtime protections. This can result in unpaid wages and legal claims under the Fair Labor Standards Act (FLSA) and Pennsylvania wage laws. In the labor law context, union contracts often include specific provisions regarding overtime rates and eligibility, which employers must honor during collective bargaining agreements. Employers may also attempt to evade overtime pay through inaccurate record-keeping or manipulation of hours worked.

Employees should diligently track their hours and understand their classification status. When disputes arise, legal guidance is essential to assert your rights—whether under employment statutes or union-negotiated contracts—to ensure fair and full compensation for overtime work.

What Can I Do If My Employer Refuses to Pay Overtime?

If your employer refuses to pay overtime, it’s important to take proactive steps to protect your rights under both employment and labor laws. Start by carefully recording all hours worked and maintaining copies of any communication with your employer regarding overtime pay.

From an employment law standpoint, you may have a claim under the Fair Labor Standards Act (FLSA) and Pennsylvania wage laws to recover unpaid wages and seek penalties for violations. In unionized workplaces, labor law protections may also apply, especially if overtime pay is governed by collective bargaining agreements that the employer is failing to honor.

Consulting with a wage and hour attorney experienced in both labor and employment law in Pennsylvania can clarify your options and help you pursue the wages you are owed. At Goodley McCarthy LLC, we provide compassionate listening and develop strategic plans to advocate effectively for your rights. Our goal is to hold employers accountable and ensure compliance with all applicable overtime laws and labor agreements.

What Protections Are Available for Whistleblowers?

Whistleblowers play a crucial role in exposing workplace violations and promoting lawful practices. Under Pennsylvania employment law, employees who report illegal or unethical activities are protected from retaliation, with remedies that can include reinstatement, back pay, and compensatory damages. These protections are reinforced by laws such as the Conscientious Employee Protection Act (CEPA).

Unionized workers also benefit from protections when engaging in whistleblowing as part of concerted activities or when raising concerns related to unfair labor practices. Retaliation by employers against union members for such actions may constitute unfair labor practices under the National Labor Relations Act (NLRA).

We recognize the courage required to report issues. Not only do we navigate the necessary legal pathways, but we also ensure individuals feel secure and supported, contributing to safer work environments where violations are not concealed or tolerated.

How Do I File a Wage & Hour Claim in Pennsylvania?

Filing a wage and hour claim in Pennsylvania requires carefully documenting any violations and submitting a complaint through the appropriate channels. This may involve filing with the Pennsylvania Department of Labor and Industry for employment law violations or, in unionized settings, raising grievances under collective bargaining agreements or filing unfair labor practice charges with the National Labor Relations Board (NLRB).

Navigating both employment and labor law processes can be complex and requires strict adherence to deadlines, documentation standards, and procedural rules. Our team guides you through each step, ensuring all legal requirements are met—whether you’re pursuing unpaid wages under state and federal wage laws or enforcing labor contract provisions regarding compensation.

With our assistance, you can confidently address these challenges, maximize your chances for a favorable outcome, and secure the legal remedies you deserve. Your success and peace of mind are our priorities.

Get comprehensive legal guidance from a wage and hour attorney  in Pennsylvania you can trust at Goodley McCarthy LLC. Call (215) 273-3491 or contact us promptly to schedule your consultation.