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