Is Your Employer Denying You Overtime?

In Pennsylvania, every non-exempt employee is entitled to overtime of 1 1/2 hours after working more than 40 hours a week. An exempt employee is typically defined as a white collar worker. Are you entitled to overtime without knowing it?

Pennsylvania employment law doesn’t define a worker’s exempt status by job title, but instead by job duties. For instance, you may think every executive is exempt from receiving overtime. That’s not always true, because only executives who fall into the following categories won’t receive overtime:

• His primary duties involve managing an enterprise in which he is employed.
• He supervises the work of two or more workers.
• He has the authority to fire and hire employees or recommend hiring, firing, or termination.
• He devotes less than 20 percent of his duties on non-management tasks. In retail, it’s less than 40 percent.
• He is paid no less than $155 a week or $250 per week based on a salary basis.

Pennsylvania employment law also defines other employees as exempt, which include administrative workers, professionals, and outside salespeople. An outside salesperson is only exempt when he works more than 80 percent of his time outside the place of business.

If you receive a salary instead of an hourly wage, your employer may claim salary workers are exempt from overtime pay. Pennsylvania law doesn’t exempt anyone who receives a salary from overtime pay who isn’t a professional, executive or administrative employee.

When Federal and Commonwealth Employment Laws Differ

Employers are required to abide by the employment law which gives employees the greatest benefit. An employee can sue for overtime pay in both federal and Pennsylvania courts. In Federal Court, the employer violates the Federal Fair Labor Standards Act, or FLSA.

Federal law requires exempted employees to receive a minimum of $455 every week or $23,660 a year. Pennsylvania exemption law has a minimum of $155 every week.

However, an employer violates federal law by not paying overtime to any employee who is making less than the federal minimum.

What Do I Do if I’m Entitled to Overtime?

If you’re an exempt employee and you believe you’re entitled to overtime pay, contact Weisberg Cummings, P.C Law for a free consultation to discuss your case.

Pennsylvania employment law permits an employee to receive up to three years of back unpaid overtime. This means you can receive back pay for the overtime money you didn’t receive in the first place. You may even receive an additional 25 percent in unpaid overtime, too.

At Weisberg Cummings, P.C Law, our team will help you protect your overtime rights and fight for the unpaid overtime you deserve. Contact us today!

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