Not Receiving Minimum Wage?
Our attorneys represent employees in Pennsylvania (more specifically the Philadelphia community) when their employer is engaged in wage theft. Businesses may short their employees pay illegally in many ways – including failure to pay the minimum wage for all hours worked. The law provides for workers to bring a wage & hour lawsuit in order to receive back pay for the lost wages. Our PA wage and hour lawyers will help you determine whether your employer is engaged in wrongdoing and evaluate your legal options.
Please call 1-800-590-4116 for a free, no obligation initial legal consultation.
How Do Employers Violate the Minimum Wage Law?
Illegal Tip Pools
Deductions From Pay (i.e., Uniform Costs)
Flat Rate Payments that Do Not Take Into Account Hours Worked
Tipped employees in PA must be paid at least $2.83 per hour by their employer. If the employee’s tips do not reach the minimum wage (currently $7.25 per hour), then the employer must make up the difference. If an employee does not receive more than $30 in tips during a month, then the employer must pay the regular minimum wage and may not subtract a tip credit from the minimum pay owed under the law. The federal tip credit cash wage requirement is $2.13.
A number of individuals are excluded by the law. These include students, farm laborers, golf caddies, seasonal public amusement establishments, home domestic service workers, newspaper deliverers, and a few other categories of workers. Employees in a bona-fide executive, administrative or professional capacity are also excluded.
Pennsylvania State Minimum Wage: $7.25/hour
The minimum wage in Pennsylvania is $7.25 per hour. Philadelphia Mayor Michael Nutter has increased the minimum wage for city contractors to $12 per hour in 2015. The federal government has set the minimum pay at the same as the PA rate – $7.25 per hour.
Recent Proposals in PA for Increased Minimum Wage
There are a number of proposals in PA to increase the minimum wage as of July 25, 2015. The last minimum wage increased happened in Pennsylvania in 2007.
State Senator Daylin Leach is seeking co-sponsors for a proposal to increase the minimum wage here in Pennsylvania to $15 an hour. The proposal would index the amount to inflation and eliminate the $2.83 per hour minimum wage for service workers working on tips. Leach introduced a bill to increase the minimum wage to $12 per hour during the last legislative session. The proposal is designed to lift workers with families receiving the lowest amount allowed by law out of the poverty line.
Senator Christine Tartaglione has introduced five bills as part of a package of reforms to put more money in the pockets of workers. These include an increase in the minimum wage to $10.10, an increase in the tipped minimum wage to 70 percent of the regular minimum wage, annual cost of living increases, and a prohibition on deducting bank fees in employee tips made by credit card.
Democratic Governor Tom Wolf has indicated he would support a raise in the hourly wage to $10.10 and then index future increases to inflation. President Obama also urged Congress to raise the minimum wage to $10.10 an hour in his State of the Union Address.