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  • Writer's pictureDavid Manes

How to Sue Your Employer for Overtime Pay

Typically, you are eligible for overtime pay if you work more than 40 hours per week. The Fair Labor Standards Act (“FLSA”) is the federal law that introduced the 40-hour workweek and guarantees “time-and-a-half” pay for overtime hours.

If you are eligible for overtime pay (non-exempt), your employer has to pay you at least time-and-a-half for each hour worked beyond the 40-hour workweek.

Suppose you normally earn $10 per hour. If you work 45 hours in one week, you should be paid $475 for that week ($10/hour for the first 40 hours and $15/hour for the 5 overtime hours).

Employers sometimes try to cheat their employees out of overtime by:

  1. Telling them they are not entitled to it because they earn a salary

  2. Improperly classifying them as independent contractors

  3. Giving them off-hour duties

  4. Pretending to not know that they work through lunch

If you work overtime hours and are not receiving overtime pay, you can take action against your employer.

Notify your Employer that you are Entitled to Overtime Pay

Let your employer know that you did not receive the overtime pay you rightfully earned. Your employer is in violation of the FLSA and Pennsylvania’s Wage Payment and Collection Law (“WPCL”) if he or she refuses to pay you your hard-earned wages.

According to the WPCL, if your wages, including overtime pay, remain unpaid 30 days beyond the next regualry scheduled payday, or beyond 60 days if you do not have a regularly scheduled payday, you may be entitled to liquidated damages. These damages are calculated as 25% of the wages that remain unpaid, or $500, whichever is greater.

Contact an Overtime Lawyer

You should speak with an employment lawyer if you are not being paid. He or she will take any steps necessary to ensure you are paid, including drafting a demand letter and organizing and filing a lawsuit. Don’t hesitate to contact a KM&A attorney to discuss your options.

We offer free and immediate consultations with an attorney that can handle your overtime case. It is our philosophy that aggressively pursuing our clients’ interests means that we have to be extremely accessible. You can contact us either by phone at 412-626-5626 or by email at A KM&A attorney will fight to ensure that you receive your hard-earned wages and any damages you are entitled to.

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