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What Should I Do if I Am Not Being Paid Overtime?

Employment lawyers

If you are a Pennsylvania worker and believe you are not being paid for the overtime hours you have worked, you are not alone. Many employees face this issue, but there are steps you can take to address it. This blog will guide you through the actions you should take if you find yourself in this situation.

Understand Your Rights

First, it is crucial to understand your rights under the Fair Labor Standards Act (FLSA) and Pennsylvania state law. The FLSA requires that non-exempt employees be paid one and a half times their regular rate for all hours worked over 40 in a workweek. Pennsylvania law mirrors federal regulations.

Keep Detailed Records

Maintaining accurate records of your hours worked is essential. Document the days and hours you have worked, including overtime hours. Note any discrepancies between your records and your pay stubs. This documentation will be critical if you need to file a complaint or take legal action.

Review Your Employment Agreement

Examine your employment agreement and your company’s overtime policy. Some employers may misclassify employees to avoid paying overtime. Ensure you are classified correctly as either exempt or non-exempt. If you are unsure about your classification, consult with a lawyer.

Communicate with Your Employer

Approach your employer or HR department with your concerns. Provide them with your documented hours and pay discrepancies. Sometimes, payroll errors can be resolved through direct communication. However, further action may be necessary if your employer refuses to address the issue.

File a Complaint with the Department of Labor

If your employer does not resolve the issue, you can file a complaint with the Pennsylvania Department of Labor & Industry or the U.S. Department of Labor’s Wage and Hour Division. These agencies will investigate your claim and can impose penalties on employers who violate overtime laws.

Consider Collective Action

If you know other employees who are also not receiving their overtime pay, consider a collective action. This allows multiple employees to join together to file a lawsuit, strengthening your case and increasing the likelihood of a favorable outcome.

Know the Time Limits

Be aware of the statutes of limitations for filing a claim. Under the FLSA, you generally have two years to file a complaint or three years if the violation was willful. Pennsylvania state law also imposes similar deadlines. Acting promptly ensures your rights are protected.

Prepare for Retaliation

While retaliation is illegal, some employers may attempt to retaliate against employees who file complaints. Document any retaliatory actions your employer took, such as demotions, reduction in hours, or wrongful termination. Report these actions to the appropriate authorities and inform your attorney.

Continue Monitoring Your Pay

After addressing the issue, continue monitoring your paychecks to ensure you receive the proper compensation for any future overtime worked. Stay vigilant and document any ongoing issues.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Understand Your Workplace Rights

Not being paid overtime can be frustrating and financially stressful. However, you can resolve the issue by understanding your rights, keeping detailed records, and taking appropriate action. Speak with the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you. Contact us online or at 215-574-0600. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.