Wage Theft

Wage Theft Lawyer in Philadelphia

We Represent Philadelphia Workers. Not Employers.

Wage theft happens when an employer withholds wages a worker has already earned or was contractually promised. It takes many forms, and it’s more common than most workers realize. At Goodley McCarthy LLC, founded in 2021, we represent employees exclusively. We don’t work for employers, which means every wage claim we take goes in one direction: toward protecting the worker.

If you believe your employer has stolen wages from you, contact Goodley McCarthy LLC today at (215) 273-3491. We offer free consultations and handle qualifying matters on a contingency basis, so there are no upfront attorney fees to get started.

Common Forms of Wage Theft in Philadelphia

Philadelphia workers face wage theft across industries and job types. Recognizing what it looks like is the first step toward recovering what you’re owed.

Common forms include:

Unpaid overtime: The Fair Labor Standards Act requires non-exempt employees to receive one and a half times their regular rate for every hour worked beyond 40 in a workweek. Employers who miscalculate, ignore, or simply refuse to pay unpaid overtime are committing wage theft.
Off-the-clock work: Requiring employees to answer emails, perform setup tasks, or stay late without recording or compensating that time is a recognized form of wage theft.
Minimum wage violations: Pennsylvania’s minimum wage is $7.25 per hour, unchanged since 2009. Paying below that floor, including through tip credits applied incorrectly, violates state and federal law.
Illegal payroll deductions: Employers can’t charge workers for damaged equipment, cash register shortages, or a restaurant table that walks out without paying. These deductions reduce wages below what the law allows.
Tip violations: Tips belong to the employees who earn them. Requiring workers to give any portion of their tips to the employer is unlawful.
Delayed or withheld final paychecks: Deliberately holding a final paycheck or failing to pay a departing employee within a reasonable time is wage theft under Pennsylvania law.
Worker misclassification: Labeling employees as independent contractors to avoid overtime, benefits, or minimum wage requirements is a common tactic that often constitutes wage theft.

The Laws Behind Your Wage Theft Claim

Philadelphia workers can draw on three separate legal frameworks when pursuing a wage theft claim. How those laws interact affects how much you may recover and how long you have to file.

Pennsylvania Wage Payment & Collection Law

The Pennsylvania Wage Payment and Collection Law (43 P.S. § 260.1 et seq.) covers wages an employer has already agreed to pay but hasn’t. When wages go unpaid for 30 days past the regular payday and there’s no legitimate dispute, the law permits liquidated damages equal to 25 percent of the unpaid amount or $500, whichever is greater. A successful employee is also entitled to attorney’s fees by statute. Claims are generally subject to a three-year filing deadline. The law can also extend individual liability to any officer or agent who actively participated in the decision not to pay.

Fair Labor Standards Act

The federal Fair Labor Standards Act sets the floor for minimum wage and overtime pay nationwide. Non-exempt employees must receive overtime at one and a half times their regular rate for hours beyond 40 in a workweek. FLSA wage claims must generally be filed within two years, extended to three years for willful violations. Importantly, a worker can pursue an FLSA claim for unpaid overtime and a Wage Payment and Collection Law claim for unpaid promised wages arising from the same pay period. The two laws address different wrongs and can be pursued together.

Philadelphia Wage Theft Ordinance

Philadelphia’s Wage Theft Ordinance, codified at Philadelphia Code Chapter 9-4300, adds a city-level enforcement layer. The ordinance’s Enforcement Agency can seek a civil monetary penalty of $2,000 per violation payable to the city, and a worker who prevails may be entitled to liquidated damages equal to unpaid wages or $500, whichever is greater. 2025 amendments broadened coverage to any employee who performs work in Philadelphia, including misclassified independent contractors, regardless of immigration status.

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How Goodley McCarthy LLC Handles Wage Theft Matters

Our practice covers wages, overtime, and prevailing wages, along with labor union matters and employer retaliation. When a worker faces retaliation for raising a wage complaint, that retaliation claim can be part of the same representation. We also work closely with unions and their members to address wage violations that affect groups of workers, not just individuals.

We don’t apply a single formula to every case. Wage theft claims vary in how the violation happened, who made the decision, how long it went on, and what the worker may be able to recover. We build our approach around those specific facts and keep clients informed at each stage so they understand their rights and what the process looks like. Clear communication isn’t an add-on for us. It’s how we work.

Thousands of Class Members Served
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Over a Decade of Legal Experience

Our seasoned team specializes in class action employment litigation, providing top-tier representation to support your case. Our firm delivers dedicated legal counsel, fueled by years of collective experience, integrity, and a commitment to achieving the best outcomes.
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Exclusively Dedicated to Employees
Devoted to championing the rights of employees, our firm focuses solely on providing legal support and representation for workers. We're here to stand by you and fight for fairness, in the workplace.

Steps to Take If You Suspect Wage Theft

The documentation you gather now can shape the strength of your claim later. Start by recording hours worked alongside the wages you actually received. Save pay stubs, offer letters, and any written pay policies your employer provided. If supervisors directed you to work off the clock or communicated about pay in writing, preserve those messages.

Filing deadlines apply to every wage theft claim, and the clock runs from the date each violation occurred. Wages that fall outside those windows may not be recoverable. Consulting an attorney early can help preserve your options.

Wage Theft Results Secured by Our Attorneys

Our attorneys secured a $337,000 settlement for four supervisory EMS responders in an unpaid overtime matter. In a separate case, we litigated a False Claims Act action on behalf of an electricians’ union against a non-union contractor that misclassified and underpaid its electricians on a federally funded prevailing wage project. That case resulted in a $2,488,474.62 judgment in favor of the union and the United States.

Talk to a Philadelphia Wage Theft Attorney

If your employer has withheld overtime, made illegal deductions, held your final paycheck, or misclassified you to avoid paying what you’re owed, we want to hear about it. Qualifying wage theft matters are handled on a contingency basis, meaning no legal fees unless there is a successful recovery. We meet with clients in person and through virtual consultations, serving workers throughout Pennsylvania, New York, New Jersey, and the Washington, D.C. metro area, including Virginia and Maryland.

Contact Goodley McCarthy LLC at (215) 273-3491 for a free consultation and discuss your wage claim with our team today.

Our Results

$126,353.87

Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019)
Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019) (summary judgment in favor of union benefits funds and against the employer for $126,353.87 in benefit fund contributions and other damages).
$225,000

Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020)
Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020) (summary judgment for union benefit funds and against the employer resulting in $225,000 judgment in favor of the funds).
Judgment Dismissal

Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019)
Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019) (summary judgment dismissal of breach of duty of fair representation suit brought against a labor union).

All Results

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