Wage & Hour

Philadelphia Wage & Hour Dispute Lawyers

The Fair Labor Standards Act (FLSA) is the federal law guaranteeing most employees minimum wages and overtime pay.  Many states have similar laws but with greater employee protections.  Unless exempt, an employee must generally be paid at least $7.25 per hour worked (higher under many states’ laws) and time-and-a-half of (1.5x) the employee’s regular pay rate for hours worked over 40 in a workweek.  These familiar and seemingly simple rules quickly become complicated when one considers issues such as the worker’s “independent contractor” or exempt status or whether the employee has been paid for all hours worked at the correct overtime rate.

The attorneys at Goodley McCarthy LLC have successfully recovered millions of dollars in unpaid wages for thousands of workers under federal, New York, New Jersey, Pennsylvania, and District of Columbia law.  

If you believe you may be owed unpaid wages or tips, contact our firm for a free consultation.

Independent Contractor Misclassification

In recent years, many companies have misclassified their workers as “independent contractors” rather than employees.  Employers often use the independent contractor model to save costs on payroll taxes, wages, and benefits, even when doing so may well be illegal.  This is especially so in today’s “Gig Economy.”  But even though a company makes its worker sign an “independent contractor” agreement in which the worker "agrees" that they are not an employee, it is many times not actually the case that the worker is truly an independent contractor in the eyes of the law.  The reality of your work relationship determines whether you are an employee (and thus entitled to minimum wage and overtime).  

Salary Misclassification

Just because an employee is paid, a salary does not necessarily mean the employee is exempt from a right to be paid overtime for hours worked over 40 in a workweek.  

To be exempt, the employee must: 

  • be paid on a salary basis (which means he or she must be paid at least $684 per week regardless of the number of hours worked).
  • have a “primary duty” that properly fits into one or more legally recognized exemptions.  

The common “White Collar Exemptions” relied on by employers include the Executive, Administrative, Professional, and Outside Sales Exemptions.  There are detailed conditions that the employer must meet to utilize any of these exemptions.  If all conditions are not met, the employer may not rely on the exemption, and the employee may be entitled to overtime pay when they work overtime.  Many types of employees classified as salary-exempt by the employer are not exempt under the law.  Common salaried employees who are misclassified include retail workers (assistant store managers), construction workers, emergency responders, salespersons, and healthcare workers.

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Schedule a Consultation with a Wage & Hour Dispute Attorney Today

Goodley McCarthy LLC represents residents of New York, Philadelphia, New Jersey, Virginia, Maryland, and D.C. who have legal issues with their wages.

Call us at (215) 273-3491 or us our online contact form to schedule a consultation.

Our Results
  • Settlement
    Vox Media, Inc. Wage and Hour Litigation, Nos. 17-cv-1791, 19-cv-160, 20-cv-1793 (D.D.C.)
    $4 Million omnibus class/collective action settlement covering over 500 class members in three related independent contractor misclassification suits brought under the FLSA and California and New Jersey law
  • Settlement
    Behrens v. MLB Advanced Media, L.P., No. 1:18-cv-03077 (S.D.N.Y.)
    $1.4 Million class/collective action settlement under FLSA and New York Labor Law, for Plaintiff and a class of over 200 employees for whom Plaintiff alleged Defendant did not properly compensate for all overtime hours worked

Hear From Our Happy Clients

At Goodley McCarthy LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

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