A Pennsylvania unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as misclassified independent contractors, who work over 40 hours per week and have not received the wages they are entitled. If an employee feels that they are not receiving the overtime pay they are due, a Pennsylvania unpaid wages lawyer may be able to help them recover the compensation they deserve.
For more information, contact the Attorney Group for Pennsylvania today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Pennsylvania unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime pay is added financial compensation for hours worked over 40 hours in a workweek. Employers in the United States must pay eligible employees one and one-half their regular rate of pay for time worked beyond the standard workweek of 40 hours.
Who is Eligible for Overtime Pay?
The Fair Labor Standards Act (FLSA) declares that all “nonexempt” employees who work beyond the normal 40-hour workweek are eligible for overtime pay. Hourly and salaried employees who make less than $455 per week ($23,600 per year) are considered nonexempt.
According to the U.S. Department of Labor (DOL), the following employees are exempt from overtime pay:
- Commissioned sales employees of retail or service establishments
- Computer professionals
- Drivers, driver’s helpers, loaders, and mechanics
- Farmworkers employed on small farms
- Salesmen, partsmen, and mechanics employed by automobile dealerships
- Seasonal and recreational employees
- Executive, administrative, professional, and outside sales employees
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
An independent contractor is a person, business, or corporation that provides goods and services to another business or entity under a specified contract or agreement. According to the FLSA, independent contractors are not considered employees and do not qualify for overtime benefits. Sometimes, however, employees may be misclassified as independent contractors by their employers to avoid paying certain employee benefits such as overtime pay.
Occupations commonly misclassified as independent contractors include:
- Truck drivers
- Tow truck drivers
- Port workers
- Exotic dancers
- Couriers and package delivery workers
- Call center workers
- Construction workers
Unpaid Overtime Lawsuits
According to a DOL news release issued in 2015, an investigation into a Pennsylvania printing company found significant violations of the FLSA, including paying some employees in cash at regular time rates instead of paying overtime to employees who had worked in excess of 40 hours in a workweek. As a result of the agency’s investigation, the employer was ordered to pay 166 workers over $725,000 in overtime wages as well as an equal amount in liquidated damages, totaling over $1.45 million in unpaid overtime pay and damages.
Unpaid overtime lawsuits have also been filed against the ride-share company Uber. Five related actions have been filed in five federal district courts against the company, according to a motion filed with the Judicial Panel of Multidistrict Litigation in December 2015. These actions assert that the company unlawfully misclassified its drivers and failed to pay gratuities that were allegedly part of the drivers’ pay. The actions brought against Uber seek to prohibit the company from engaging in unlawful practices in the future and for compensatory damages, punitive damages, and attorneys’ fees.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Employees who have been unlawfully denied overtime pay may be eligible to file a Pennsylvania unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee may be able to seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a Pennsylvania Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact the Attorney Group for Pennsylvania. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.