Employees of Advanced Oilfield Services L.L.C., Bimbo Bakeries USA Inc., and Wizzard Drain Cleaning L.L.C. have claimed that the companies failed to pay for overtime wages for workers. Employers failing to pay proper wages for hours worked is common. In 2015, nearly 9,000 claims were brought against employers for wage and hour related issues.
Under Pennsylvania law, employers are required to pay most employees overtime or “time-and-a-half” wages for any hours worked over 40 hours a week. For example, if you make the Pennsylvania state minimum wage of $7.25 an hour and qualify for overtime pay, you would earn $10.88 an hour for every hour you work over 40 hours a week. Certain workers are not covered by Pennsylvania laws and Federal laws regarding overtime pay based on their job duties. This means that an employer is not required to pay workers that perform certain duties extra wages for time worked over 40 hours a week.
Employers may use different ways to prevent paying overtime wages you are owed. Employers may classify an employee as an Independent Contractor or an “Exempt” Salaried employee. Employers may even offer to shift time between weeks. For example, if you worked 60 hours one week, an employer might allow you to work 20 hours the next. These kinds of shifting time schemes are often illegal.
If you believe that your employer has paid you unfairly your first step should be to contact the Pennsylvania Department of Labor and Industry. A phone number and link to their website can be found below. They can help you determine whether you qualify for overtime pay based on what you make each week and the duties you perform.
The next step in any wage and hour issue should always be to contact a skilled workers’ compensation lawyer. Wage and hour laws are complicated and employers will often deny any wrongdoing if they don’t pay you what you are owed. Having a skilled workers’ compensation lawyer at your side will mean that someone is fighting for you every step of the way.
Department of Labor and Industry
1700 Labor and Industry Bldg.
7th and Forster Streets
Harrisburg, PA 17120
Phone: (717) 787-5279
Fax: (717) 787-8826