Overtime in the United States is governed by one major federal law, the Fair Labor Standards Act
("FLSA") and by various state laws, such as Pennsylvania's Minimum Wage Act ("PMWA").
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These laws dictate who is entitled to overtime and who is not. Generally, the FLSA controls, and the
PMWA in most significant respect mirrors the FLSA.
What Type of Sales People Are Entitled to Overtime in Pennsylvania?
However, there are at least two different areas where the PMWA grants greater rights to employees where overtime is concerned then does its federal counterpart, FLSA.
The two areas in question relate to Outside Sales Persons and Computer Professionals.
Where sales people are concerned, you get overtime pay UNLESS you spend at least 80% of your time out on the road making sales calls.
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| Unless You Spend >80% of Your Time on the Road Making Sales Calls, You Are Entitled to Overtime in Pennsylvania |
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| Dropping Off Drug Samples to Existing Customer is NOT Making a Sales Call |
IT Professionals: If You Work in Pennsylvania and Are a Computer Programmer, Analyst, Software Engineer, You Are Probably Entitled to Overtime Pay
Under federal law, most IT professionals are exempt from overtime laws (that is, they are not entitled to be paid overtime). Not so in Pennsylvania. Under Pennsylvania's Minimum Wage Act, many IT professionals, such as computer programmers, software engineers and IT analysts, are in fact entitled to overtime pay.
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| Computer Professionals Often Entitled to Overtime Under Pennsylvania Law |
Since many companies tend to follow the federal laws, and may be unaware of the this difference in Pennsylvania, there are likely many IT professionals who work in Pennsylvania who are being deprived of overtime to which they are entitled.
What Type of Penalties Are Available Under Overtime Laws for Companies That Break the Law?
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| Double Damages Available Against Employers That Willfully Violate Overtime Laws |
In addition, prevailing plaintiffs are permitted to recover all legal fees and costs incurred in prosecuting the claim.
That is why many lawyers handle overtime claims on a contingent fee basis.
Is it Illegal for a Company to Fire an Employee That Demands Overtime Pay?
Yes, it most certainly is.
If you believe you are entitled to overtime, and wish to raise the issue with the company, it may be best to consult counsel first.
How Should I Complain That I Am Entitled to Overtime and Protect My Job?
If you choose to go it alone, however, make sure you do it in writing, delivering copies to HR,and your supervisor/manager.
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| You Cannot be Protected From Retaliation Unless Company Knows Your Identity |
Philadelphia Area Overtime Attorney Representing Employees
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