Wage And Hour Violations Lawyer Recovering Your Unpaid Wages In West Chester

Hard work deserves fair compensation. However, many employees in Pennsylvania discover that their paychecks do not accurately reflect the hours they spent. Whether it’s unpaid overtime or incorrect job classifications, these wage and hour issues are not just inconvenient. They can create real financial strain. 

At Bellwoar Kelly, LLP, our attorneys fight to protect what our clients have earned. Our team of seasoned trial lawyers brings decades of combined legal experience. Our unique insights as former prosecutors can provide you with aggressive, client-focused representation. With our proven courtroom experience, we will aggressively advocate for your rights in the workplace.

Pennsylvania’s Minimum Wage Laws And Overtime Pay Requirements 

The state follows the minimum wage set by the Fair Labor Standards Act (FLSA), which is $7.25 per hour. For tipped employees, Pennsylvania law sets a base cash wage of $2.83 per hour. However, employers must make sure that an employee’s tips, plus their cash wage, add up to at least $7.25 per hour. If they don’t, the employer must pay the difference.

Overtime pay applies to all hours worked over 40 in one workweek. The overtime rate is one and one-half times (1.5x) an employee’s “regular rate of pay.” This “regular rate” should include your hourly wage and most other payments, like bonuses. 

Take note that these laws do not apply to all employees. You may be exempt from minimum and overtime pay if:

• You earn a high enough salary
• Your pay is fixed, and you receive the same amount each pay period
• Your job duties are specific, and the main tasks involve managing, acting as a professional or performing administrative duties

While nonexempt employees must receive overtime pay, exempt employees typically receive a fixed salary regardless of hours worked. That is why knowing your proper classification is crucial.

Common Wage And Hour Violations

There are various ways an employer can commit wage and hour violations. Our attorneys often assist clients who have experienced the following:

• Not receiving the correct overtime pay, if at all
• Have an employer claim they are exempt from overtime pay or an independent contractor, even if their job description and day-to-day work contradict this
• Asked or allowed to work “off-the-clock” or without pay, which includes working before or after a shift, or during unpaid meal breaks
• Having money taken out of their paycheck for an invalid reason, such as cash register shortages or damaged equipment
• Employers keeping part of an employee’s tips or making tipped employees share tips with people who usually don’t receive tips, such as managers
• Not receiving final wages, which may include vacation pay, depending on company policy

If you face any of these issues, it is important to act quickly to protect your rights. Our wage and hour violation lawyers will investigate your claim, fight for the compensation you are owed and work to hold your employer accountable.

Filing A Wage Claim In Pennsylvania

If you believe your employer has violated your rights to minimum wage or overtime pay, you have legal options available to you. Our attorneys can help you file a wage claim with:

• The Pennsylvania Department of Labor & Industry (L&I)
• The U.S. Department of Labor (DOL) – Wage and Hour Division (WHD)

For most unpaid wage claims in Pennsylvania, you generally have three years from the date the wages were due. For minimum wage and overtime claims, the general deadline is two years, which may extend to three years if the employer’s violation was willful. 

For particularly complicated cases or to seek additional damages, you may also choose to file a lawsuit directly against your employer. However, take note that litigation requires a deep understanding of courtroom procedures and strategy. Our wage and hour violation lawyers can leverage their experience as trial attorneys and former prosecutors to help you build a strong case. 

Get The Trusted Advocacy You Deserve: Call Us Today

You deserve fair treatment in the workplace, and our attorneys are here to ensure it. If you believe your employer has committed wage or hour violations, we encourage you to seek legal guidance. Reach out to Bellwoar Kelly, LLP, today for a consultation. Call us at 610-314-7066 or complete our online form. With offices in West Chester, Kennett Square, Pottstown and Media, we are conveniently located to serve southeastern Pennsylvania.