Friday, August 6, 2010

PA Overtime Lawyer on Getting Overtime in Pennsylvania - What Are the Rules

Pennsylvania Labor Law Firm Representing Employees in Chester County and Montgomery County

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 overtime laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

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

I Am on a Salary, Am I Entitled to Overtime?

Well, let me say that the mere fact that you are receiving a salary does not automatically disqualify you from being entitled to overtime.  In fact, many employers put their employees on salary in order to create the impression that they are not entitled to overtimeHowever, the mere fact that you are being paid a salary does not mean you are an exempt employee that is not entitled to receive overtime.  The test is not what they call you, but what you do!

How Do I Know If I Am Entitled to Overtime in Pennsylvania?

This not always an easy question, but here are some things that indicate that you may be entitled to overtime:
  1. You do not run a department and do not have have actual authority to hire, discipline or terminate employees.  Thus, you are not a Bona Fide Executive
  2. You are not an "administrative assistant" because most everything you do is done for someone in management and requires management's approval before being published/approved/completed;
  3. You used to be paid hourly, but were switched over to salary without any significant changes in your job duties;
  4. You used to be paid salary, but were switched over to hourly without any significant changes in your job duties;
  5. Your job does not require a specialized or advanced degree;
  6. You perform saleswork, but mostly all of it is done inside the office (wherever located), and therefore you are not an Outside Salesperson.
The rules relating to overtime are varied and complex.  One think I do know, however, is that employers typically try to avoid paying overtime in "close cases" (or at least in cases that the employers feels are close!)

Employment Law Attorney Representing Employees in Towns such as Jenkintown, Ambler, Montgomeryville, Avondale, Eagle, Thorndale, Honeybrook, Kennett Square and Parkesburg

If you have a question about whether you are entitled to overtime, call us today and we will discuss your matter at no cost to you.  There are very significant remedies available to people who are not paid overtime to which they are entitled.  You may Click Here to learn a little more about such remedies. 

If you are entitled to overtime that you have not been paid, we will handle your case on a contingent fee basis. That mean we do not get paid unless we win your case.

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