Former employer owes me overtime back three years, labor board agrees how long to I get my money owed?

Asked over 1 year ago - Philadelphia, PA

I contacted the PA Labor board back in August, 2012 about my former employer and my back overtime for three years. We had a sit down between us and the owner of the company was there around October and they know I was not salary and paid incorrectly and for months now I have heard from the investigator that he is trying to come up with a number and my former employer is not helpful saying some pay records are missing. I worked from 9/9/2009 til August 2012 with my last pay being $1050.00 a week and my start pay of $850.00. I worked 45 hours or more every week and some weeks 54 hours. Should I still seek an attorney because I feel like I am being forgotten about even though the labor investigator and supervisor agreed I was owed and the number he said sounded low to what I expected.

Attorney answers (4)

  1. Andrew Scott Abramson

    Contributor Level 9


    Lawyers agree

    Answered . You should definitely consult with an experienced employment law attorney as soon as possible. As long as you are not exempt under the law, the fact that you received a salary is of no significance to you r overtime claim. Typically when the state is involved in an overtime investigation they will not seek liquidated (double damages) and they are not aggressive in seeking the most money possible. Another issue is the statue of limitations (time to file a lawsuit). You can only recover back overtime pay for 2 years, or 3 years at the most from the time you file a lawsuit and any delay could result in you losing some of the value of your case. Feel free to contact our firm as soon as at possible at 267-467-4742.

    At Abramson Employment Law we devote our practice to helping employees fight unfair practices by their employers... more
  2. Stewart C Crawford Jr.

    Contributor Level 16


    Lawyer agrees

    Answered . I think its time to meet with an attorney. Time is ticking on your ability to sue the employer. If a claim as filed and not paid, the Secretary of Labor and Industry should have brought a legal action by now to collect the claim.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063


    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  3. Edward Clement Sweeney


    Contributor Level 14


    Lawyer agrees

    Answered . August 2012??? Your rights appear clear here. The Labor Board sometimes looks to "cut the baby" and takes alot of time. I think it is time to move on to an attorney. The attorney will get you more and be quicker.

  4. Charles V. Curley

    Contributor Level 7


    Lawyer agrees

    Answered . You should hire an attorney who will aggressively pursue your rights. If you prevail, under the Fair Labor Standards Act, you are entitled to be reimbursed for attorney's fees. In addition, attorneys who speciialize in representing employees will likely take your case on a contingency basis.

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