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FLSA & Unpaid Overtime Claims
Federal Fair Labor Standards Act (FLSA)
The FLSA establishes a minimum wage of $7.25 an hour, overtime pay, recordkeeping, and youth employment standards affecting non-exempt employees in the private sector as well as in Federal, State, and local governments.
Covered, non-exempt employees must receive overtime pay for hours worked over 40 per work week (any fixed and regularly recurring period of 168 hours, or seven consecutive 24 hour periods). The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on those days. Overtime pay may not be waived by a covered, non-exempt employee. Such employees are entitled to 1 ½ times the regular rate of pay for hours worked in excess of 40 in a work week.
Generally, unpaid overtime can be collected up to two years after the date the pay was earned, unless the employer was consciously and intentionally violating overtime law, which pushes payment dates to three years.
Pennsylvania Wage and Overtime Law
Pennsylvania overtime law is similar to the FLSA in that covered, non-exempt employees must be paid time and a half for any work performed after 40 hours per work week. In Pennsylvania, workers may collect unpaid overtime up to three years after the date pay was earned. Penalties against employers who violate Pennsylvania overtime law are weaker than under the FLSA.
Filing FLSA/Pennsylvania Overtime Claims
An individual may file a claim for overtime payment violations under both Federal and State law at the same time. It is illegal for an employer to retaliate against an employee for asking for overtime pay, or for filing a claim.
Sidkoff, Pincus & Green’s Experience and Approach to FLSA and Unpaid Overtime Claims
If you have worked more than 40 hours in a given week and have not been paid overtime, or have only been paid regular wages for overtime hours, you may be entitled to additional money. Our highly skilled Philadelphia employment attorneys at Sidkoff, Pincus & Green are experienced in identifying and litigating unpaid overtime claims to protect our clients’ interests.
At the Law Offices of Sidkoff, Pincus & Green, our experienced Pennsylvania and New Jersey attorneys handle many types of legal matters, including FLSA and Unpaid Overtime Claims litigation. If you are interested in having a consultation with one of our attorneys, please call us at 215-574-0600 or contact us online.