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Are All Employees Presumed to be Entitled to Overtime
Unless Specifically Identified as an “Exempt” Employee Under State a Federal
Overtime Laws?
Yes. The presumption
under state and federal law is that all employees are entitled to overtime.
However, each statute lists certain jobs that are considered to be exceptions
to this general rule; if you have such a job you are not entitled to overtime –
i.e. are an “exempt” employee.
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| Don't Forfeit Your Hard-Earned Overtime Pay! |
How and Where Can I Find Pennsylvania’s Overtime Law
and the Federal Overtime Law and What Are the Differences Between Them?
Pennsylvania’s overtime law is codified in the Pennsylvania's
Minimum Wage Act, 43 P.S.
§§ 331.101, et seq. (“PMWA”) and regulations. (34 Pa. Code §§
231.1, et seq.).
Although the PMWA is substantially similar to the federal
overtime law, the Fair Labor Standards Act, 29 U.S.C. §§ 201, et
seq. (“FLSA”), the PMWA provides greater overtime rights than does
the FLSA in a number of important situations.
Does My Employer Have to Follow Pennsylvania’s Overtime
Law if it is Different from the Federal Overtime law?
Yes, it does.
Pennsylvania employers must follow the PMWA and its
companion regulations even if these are more generous to employees than those
found in the FLSA. Indeed, Section 218 of the FLSA, and its companion
regulation found at 29 C.F.R. §541.4 specifically state that federal law does
not affect enforcement of state overtime requirements, such as those set forth
in the PMWA:
29 C.F.R. §541.4 - Other laws and collective bargaining agreements.
The Fair Labor Standards Act provides minimum
standards that may be exceeded, but cannot be waived or reduced. Employers must
comply, for example, with any Federal, State or municipal laws, regulations or
ordinances establishing a higher minimum wage or lower maximum workweek than
those established under the Act.
* * *
29 U.S.C. §218(c)(2) No Limitation on Rights
Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any Federal or State law or under
any collective bargaining agreement. The rights and remedies in this section
may not be waived by any agreement, policy, form, or condition of employment.
Where and How Can I Find a List of Exemptions Under
the Federal Overtime Law and Under Pennsylvania’s Overtime Law?
FLSA’s exemptions are found at 29 U.S.C. §213. After stating that employees who fill
Administrative, Professional or Executive positions are exempt, section 213
then lists a number of specific jobs that are deemed to be exempt.
The PMWA similarly states that persons filling an Administrative,
Professional or Executive position are
exempt, and also contains a
list of specific job classifications which are deemed to be per se
exempt from the overtime requirement.
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| You Cannot Sign Away Your Right to Overtime Pay |
If I Signed an Agreement Saying I Agreed That I Would
Not Be Paid Overtime, Did I Waive My Right to Overtime?
As set forth in the FLSA Section 218(c), above, an
employee way not be required to waive his/her right to overtime, and any
written agreement purporting to effectuate such a waiver is null and void. The PMWA similarly forbids waiver.
Can I Get Overtime Under My State’s Law Even if I Am
Not Entitled to Overtime Because I am Exempt Under the Federal Overtime Law,
the FLSA?
Yes, you can. As
set forth by Pennsylvania’s Supreme Court in its 2009 decision in Bayada
Nurses, Inc. v. Pa. DOL:
As has been long-established in
Pennsylvania jurisprudence, interpretations of the federal FLSA provide
guidance to Pennsylvania courts for construction of the MWA only when the
MWA contains the same (or at the very least similar) language as the FLSA.
Comparing the Differences Between Exemptions for
Overtime Found in Pennsylvania’s Minimum Wage Act’s Overtime with Those Found
Within the Federal Fair Labor Standards Act Overtime Law
One must parse through the relevant exemptions to
determine whether any given job is found one or both of the exemption
lists. However, there are some
differences.
For example, FLSA specifically exempts “computer
employees,” while PMWA contains no such exemption. Hence, if you do any one of
a variety of computer-based jobs and work in Pennsylvania, you are entitled to
overtime under the PMWA, even though you are not so entitled under FLSA.
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| Has Identified Differences Between PMWA and FLSA |
Does Pennsylvania’s Overtime Law Make Salaried
Employees Exempt from Overtime Like the Federal Overtime Law?
No, it does not.
Unlike its federal counterpart, Pennsylvania
does not allow an employer to withhold overtime pay just because an employee
earns a certain salary. The
salary issue can be complicated, but in general the PMWA is more helpful to
employees than is the FLSA.
We typically represent workers who need an
employment lawyer throughout Southeastern Pennsylvania, including those working
in Philadelphia County, Delaware County, Montgomery County, Bucks
County, Chester County, Berks County and Lancaster County.
Pennsylvania Overtime Lawyer Provides Free Telephone
Consultations and Contingent Fee Representation
If you believe you require guidance concerning an Overtime
issue, and reside in or near Southeastern Pennsylvania, feel free to
send us an e-Mail via our Contact Form or give us a call at 610-647-5027.
We have represented workers who live or are employed in or near Reading,
Bryn Mawr, Devon, West Chester, Philadelphia, Allentown, Bethlehem, Lancaster, Levittown, Limerick,
Abington, Allentown, Collegeville, Downingtown, Blue Bell, Eagleville,
Norristown, Springfield, Drexel Hill, Oaks, Doylestown, Coatesville, Lionville,
Newtown Square, Broomall, Aston, Avondale, Media, Norristown, Cheltenham,
Chester Springs, Audubon, Ambler, Chadds Ford, Berwyn, Malvern, Paoli,
Manayunk, Roxborough, Havertown, Haverford, Lansdowne, Lansdale and
Villanova.
Need an Experienced Law Firm to Help You With an Overtime
Exemption Issue?
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