The Fair Labor Standards Act requires employers to pay certain employees time and a half overtime for all hours worked over 40 in a week. If you are experiencing wage theft, call our Philadelphia employment attorneys at 1-800-590-4116 for a free, confidential initial legal consultation.
Employers are required to follow the rules of both the federal Fair Labor Standards Act as well as Pennsylvania’s Minimum Wage Act. In general, both laws require an employee to be paid an overtime rate of time and a half for all hours worked over 40 in a week. However, there is an exemption for employees in a bona-fide executive, administrative or professional capacity who is paid on a salaried basis.
The FLSA covers all employees of certain enterprises. One of the definitions of an enterprise is that the company/organization has an annual dollar volume of sales or receipts of $500,000 or more. There are other covered enterprises, including government agencies, hospitals, and certain schools.
A workweek is a fixed and recurring period of 168 hours. The seven consecutive 24 hour periods need not coincide with the calendar week and can start on any day and any hour. Different employees or groups of employees may have different workweeks.
Federal law requires that an individual making a weekly salary of less than $455 per week in order to qualify for the executive, administrative or professional employee exception. President Obama and the U.S. Department of Labor has proposed an increase in the threshold for reaching this exemption to $50,440 per year.
Pennsylvania requires that computer employees be paid overtime even though Federal law allows them to have an exception from overtime rules. In other words, if you are a computer programmer, analyst or software engineer in PA, you should be getting paid time and a half for your overtime even if you are a salaried professional.
Pennsylvania law does not require an employer to pay you for a holiday or pay you more than your regular wage if you work on a holiday. If your employer has a holiday pay policy, then they must follow it. If you are required to work on a holiday and you are to be paid for the holiday under the plan, then they must pay you both your regular wage for the time worked as well as the holiday pay pursuant to their employee handbook.