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

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.

Willow Grove, PA -

Attorney Answers (6)

Charles V. Curley

Charles V. Curley

Employment / Labor Attorney - Conshohocken, PA
Answered

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.

Karen Elizabeth Eichman

Karen Elizabeth Eichman

Employment / Labor Attorney - Kennett Square, PA
Answered

You should contact an employment attorney as soon as possible.

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

Arkady Rayz

Lawsuit / Dispute Attorney - Huntingdon Valley, PA
Answered

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... more
Andrew Scott Abramson

Andrew Scott Abramson

Employment / Labor Attorney - Blue Bell, PA
Answered

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... more
Terence Sean McGraw

Terence Sean McGraw

Social Security Lawyers - Blue Bell, PA
Answered

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... more
Timothy D. Belt

Timothy D. Belt

Social Security Lawyers - Kingston, PA
Answered

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?....

Timothy D. Belt, Esquire Certified as a specialist in the practice of workers’ compensation law by the... more

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