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My employer is paying us overtime incorrectly. What can we do?

Willow Grove, PA |

Instead of paying us over time for any hours worked over 40 in a work week, they pay us overtime based on any hours per day worked over 8. For example, I worked 6 days this week, but since I did not work more than 8 hours any of those days, I will not be paid over time.

Attorney Answers 6


  1. If you have a group of co-employees who will band together, I would recomend that you talk to a wage & hour lawyer. I can recommend one in your area if you care to contact me directly. Otherwise, I would suggest you call the wage adn hour divisions of the Pennsylvania Dept of Labor & Industry or the US Dept of Labor.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.


  2. You can file a complaint on line or through the mail. You can find directions through this link http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2.

    Timothy D. Belt, Esquire Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.


  3. Depending on the number of employees involved, this may be either a class action or a "collective" action under the federal and/or state "wage/hour" statute. These types of matters are somewhat complex and I would highly recommend that you contact an attorney immediately to determine if you have a claim, as well as what should be done about it.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  4. You should contact an employment attorney as soon as possible.

    Answers to questions on this forum do not create an attorney-client relationship.


  5. Entitlement to overtime pay is based on a work week, not a work day. Thus, based on the information that you report the employer appers to be violating the law. There are strict time requirements under the overtime laws, thus, you should immediately consult an attorney. It is not necessary to also have co-workers join with you at this point as the overtime laws provide potential opt-in procedures at a later date.

    At Abramson Employment Law we devote our practice to helping employees fight unfair practices by their employers such as discrimination based upon age, race, sex, religion and national origin, disability, sexual harassment, overtime and unpaid wage disputes. As a courtesy to Avvo correspondents, Abramson Employment Law, LLC reviews all inquiries and provides correspondents with a brief courtesy reaction to a factual scenario on a complimentary basis. Please understand that this communication does not constitute a detailed legal opinion for which a client has retained the attorney.


  6. You and your co-workers likely have a FLSA claim. Often this can be resolved with a demand letter to the employer with the threat of litigation. Most FLSA attorneys will work on a contingency and get paid by the employer.

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