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.
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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
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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.
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.