Wage & Hour Dispute Lawyers Serving the Mid-Atlantic

Even when employers pay overtime, they don't always calculate it correctly. When employees receive piece rates, day rates, or flat salaries, the employer must divide total weekly pay by all hours worked to find the correct regular rate before applying the 1.5 multiplier. 

Off-the-Clock Work

Some employers don't compensate workers for time spent before or after a shift. Examples include construction workers loading tools at a company yard, employees donning and doffing personal protective equipment, or workers completing tasks during meal breaks. Under federal law, any break of 20 minutes or less must be paid. Unpaid minutes add up, and the resulting claims can be significant. 

If you're regularly performing work outside your scheduled hours without pay, it may be a compensable violation.

Tipped Wage & Restaurant Industry Violations

Under federal and state law, service workers—including waiters, bartenders, cocktail servers, bussers, and runners—may be entitled to the applicable minimum wage for each hour worked and overtime pay at time-and-a-half for hours above 40 in a workweek. 

Restaurants may pay a lower "tipped minimum wage" and take a credit for tips if total pay reaches at least the minimum wage each week and for every hour worked. 

• Pennsylvania's tipped minimum wage is $2.83 per hour, with employers required to make up the difference if wages plus tips don't reach $7.25 per hour. Under Pennsylvania's revised tipped-employee regulations, employers must give written notice of a tip credit claim before taking it. Failure to do so may forfeit the entire tip credit.
• In the District of Columbia, the minimum wage is $17.95 per hour with a tipped minimum of $10.00 per hour. In D.C., employers must also post tip-sharing policies and provide written notice to employees.
• In New Jersey, the tipped minimum wage is $6.05 per hour. 
• In New York City, tipped food service workers must receive a cash wage of at least $11.35 per hour, while tipped service employees must receive at least $14.15 per hour.

Common violations we see in this industry include:  

• employers or managers keeping a portion of a service worker's tips; 
• failing to pay the required tipped minimum wage for all hours; 
• requiring tip-sharing with workers who have no direct customer interaction (such as cooks or dishwashers); and 
• paying the tipped rate for non-tipped duties like cleaning, which generally must be paid at the full minimum wage. 

Class & Collective Action Wage Claims

Class and collective actions are applicable when an employer applies the same unlawful policy to an identifiable group: misclassifying all hourly workers in a department as exempt, failing to pay overtime to an entire shift, or underpaying tipped staff across multiple locations. The shared violation is what makes collective pursuit effective. Workers who might not recover enough individually for a standalone claim may find that a class or collective action changes that calculus.

Under FLSA §216(b), workers may bring a collective action on behalf of themselves and others who are "similarly situated" and choose to opt in. This differs from a Rule 23 class action, where absent class members are included unless they opt out. Both mechanisms are available to workers in our region, and individual wage claims and collective actions can proceed under the FLSA and applicable state wage laws simultaneously, giving workers access to federal and state remedies in the same proceeding. Courts in the Third Circuit, which covers Pennsylvania and New Jersey, apply a two-step conditional certification process to FLSA collective actions.

At Goodley McCarthy LLC, we handle class and collective action wage claims as well as individual cases. At intake, we assess if a worker's situation is part of a broader pattern and pursue it at scale when applicable. Workers who prevail in class or collective actions may recover back wages, liquidated damages equal to the unpaid amount, and attorney fees, meaning the cost of representation may be covered by the outcome. 

Contact us to discuss whether your situation may involve a broader group of affected workers: (215) 273-3491. 

Wage & Hour Dispute FAQ

What Is a Wage & Hour Dispute?

A wage and hour dispute arises when there are disagreements or violations concerning how workers are paid. Common issues include overtime pay, misclassification, failure to pay minimum wage, and improper wage deductions.

Can I Sue My Employer for Unpaid Overtime?

If you're a non-exempt employee who didn't receive appropriate overtime, you may be able to pursue legal action to recover unpaid wages, liquidated damages, and interest.

How Do I Know If I'm Exempt from Overtime?

Overtime exemption depends on your job duties and pay. Employees in executive, administrative, professional, and outside sales roles may be exempt, but workers misclassified in those categories may still qualify for overtime. A salary alone doesn't create an exemption; specific duty tests must also be met.

Can I Be Retaliated Against for Filing a Wage & Hour Claim?

The law prohibits employers from retaliating against workers who assert their wage and hour rights. Retaliation includes termination, demotion, or any other adverse employment action taken because of a complaint or claim.

Can I Recover My Attorney's Fees in a Wage Dispute?

If you prevail in a wage and hour dispute under the FLSA or a state wage law like the Pennsylvania WPCL, you may be entitled to collect attorney fees and court costs in addition to unpaid wages and liquidated damages.