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When companies hire workers in Pennsylvania, they agree to pay them a specific wage for specific hours. Unfortunately, some employers don't play by the rules. They don't pay people for hours they worked. They try to pay them less or make them work more without paying them at all.
That's against the law. Our Pennsylvania wage and hour claims attorneys know people deserve to be paid for an honest day's work. Workers fought hard for these rights in Pennsylvania, and we're proud to protect them. Our results speak volumes. At O'Malley & Langan, we have a proven track record of success when handling workers' compensation cases as well as helping clients with other workplace legal issues.
What are common wage and hour claim violations in Pennsylvania?
Some of the most common violations of state and federal wage and hour laws include forcing employees to do any of the following:
- Work off the clock unpaid
- Work overtime without compensation
- Work for a lower wage
- Work without mandatory breaks
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act of 1938 ("FLSA") is a federal law governing wages and hours of employees, specifically minimum wages and overtime compensation. Under this law, employers must pay employees overtime compensation at the rate of 1.5 times their regular hourly wages for hours worked in excess of 40 hours per week, in most situations.
The FLSA provides that employees may sue to enforce these provisions, and may seek to recover all unpaid overtime compensation, an equal amount of liquidated damages and attorneys' fees. Occasionally, when pursuing a wage and hour claim for a single worker does not make economic sense - i.e., the potential recovery does not justify the costs and risks of litigation - some people file a class action suit instead. This allows hundreds or thousands of similarly treated workers to sue an offending employer in one proceeding.
Are there exemptions to the FLSA?
Numerous exemptions remove certain types of employees from the specified requirements of the FLSA. The most common one is for white-collar workers. Other exemptions apply to workers including:
- Commissioned salespeople
- Agricultural workers
- Creative professionals
- Highly-paid workers.
Section 13(a)(l) of the FLSA exempts executive, administrative, professional and outside sales employees from minimum wage and overtime requirements, provided they meet certain tests regarding job duties and are compensated "on a salary basis" at not less than stated amounts. Subject to certain exceptions set forth in the regulations, in order to be considered "salaried," employees must receive their full salary for any workweek in which they perform any work without regard to the number of days or hours worked. This rule applies to each exemption that has a salary requirement.
"What should I do if I believe I'm a victim of wage and hour claims violations?"
Cut through the confusion. Get straight answers. Contact O'Malley & Langan for a free consultation. We'll do everything we can to hold your employer responsible for treating you unfairly. We'll vigorously fight for the compensation you rightfully deserve.
We take great pride in the sizable verdicts and settlements we routinely secure for clients throughout Northeastern Pennsylvania, from Scranton to Pittston, Hazleton and Towanda.
But workplace legal issues like these are about more than just money. They're about justice. They're about holding companies accountable for their actions.
"We're here for you when you need us most," attorney Todd O'Malley said.
O'Malley & Langan - case results matters here.