Tuesday, August 24, 2010

Can I Get Overtime if I am on a Salary in Pennsylvania?

Attorney Specializing in Employment Law Representing Employees in Communities Such as Malvern, Exton, Paoli, Downingtown, Phoenixville, Collegeville, Lionville, Royersford, Oaks, Lansdale, Ambler, Blue Bell, Chestnut Hill and Plymouth Whitemarsh

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

For a more comprehensive discussion of overtime laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Paoli, Exton, King of Prussia, Radnor, Plymouth Meeting and Philadelphia

Just because you are paid a salary does not mean that you are exempt, this is, ineligible, from receiving overtime.  In fact, many employers try to avoid paying overtime by putting non-exempt (i.e. eligible) employees on a salary.  Since most people believe that, if they receive a salary they are ineligible from getting overtime, this tactic has the effect of "tricking" employees to avoid paying them that which they are due. 

Here are two common ploys that we see: 1) the employer switches the employee between salary and hourly, paying the employee hourly when business is slow, and salary when business is good, and the employee is required to work well in excess of 40 hours per week; 2) "promoting" an hourly employee to a salaried position, while by and large not changing the employees work responsibilities.

What Should I Do If I Believe I am Owed Overtime in Pennsylvania?

You probably want to seek counsel.  If you want to go it alone, then you should put your complaint in writing.  If the employer retaliates against you by demoting you, failing to promote you or firing you, you would have a claim for illegal discharge under the Fair Labor Standards Act. You may also want to check out our Video on Overtime.

How Long Do I have to Bring a Lawsuit for Overtime in Pennsylvania?

Two years for unintentional violations, and 3 years for intentional violations.  That means that for each day beyond those time periods you wait, you lose a possible claim for overtime.

If you believe you have been denied overtime pay to which you are entitled, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

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