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Overtime Lawyers.

Pennsylvania Overtime Compensation Lawyers

Steve Franko firm; An Overtime Attorneys

If an employee works for more than 40 hours a week, he/she will get one and a half of regular rate salary by the organization. The Age of the employee doesn’t matter for the overtime work. He/she may be an 18-year-old or 40+-year-old. According to FLSA (Fair labor standards act), if an employee works on off days such as Saturday, Sunday or holidays, the company don’t need to pay for that overtime.

Overtime week doesn’t coincide with the calendar week, it can start at any day or any time of the week. If an employee is working for a company more than 40 hours a week, and he/she doesn’t get paid then Overtime Compensation lawyer can help him/her for getting the proper wages.

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What are some common scenarios in which employers violate overtime wage laws?

  1. Employees must be paid at the prevailing minimum wage.
  2. Overtime must be paid at a premium.
  3. Employees working for Joint Employers must be paid overtime if earned.
  4. Employers are required to provide prompt payment of wages earned upon termination.
  5. Employers are required to provide Paid Sick Leave.
  6. Workers must be paid “reporting wages” in the event of a shift cancellation.
  7. An employee must be paid if takes work from home or attending any meeting after working hours.

If you are not getting your wages according to the points mentioned above you should hire an attorney for you. He/she will help you in getting your deserved salary.

Which do work hours count toward overtime?

Overtime Lawyer - Pennsylvania Employment Lawyers 412-626-5626

 

Overtime Lawyer – Pennsylvania Employment Lawyers

According to FLSA (Fair labor standards act), if an employee works for more than 40 hours a week, he/she will get one and a half of regular rate salary by the organization. The Age of the employee doesn’t matter for the overtime work. He/she may be an 18-year-old or 40+-year-old. It is mandatory for an employee to know about the terms & conditions of overtime.

Overtime includes:

  1. An employee must be paid if takes work from home or attending any meeting after working hours.
  2. When an employee spending his time for organization duties.
  3. Workers must be paid “reporting wages” in the event of a shift cancellation.

Overtime does NOT include:

  1. When an employee spending his time for his enjoyment or satisfaction.
  2. If an employee spends more time than the fixed time for the break on his/her eating.
  3. When an employee, is on his personal call.

Unrecorded overtime

If any employee works more than 40 hours a week, with the permission of his boss or boss is asking for work more than 40 hours a week, the boss has to pay you for that extra hours. A boss can tell you about overtime but if you do, he/she has to pay for that overtime.

If any company is violating this law that company can be sued and the employer can be punished for this, and he/she has to pay for the whole overtime hours.

When am I Entitled to Receive Overtime Pay?

Overtime Lawyer - Pennsylvania Employment Lawyers 412-626-5626

 

Overtime Lawyer – Pennsylvania Employment Lawyers

If any employee works more than 40 hours a week, with the permission of his boss or boss is asking for work more than 40 hours a week, the boss has to pay you for that extra hours. A boss can tell you about overtime but if you do, he/she has to pay for that overtime. If anyone tries to cut your wages you should contact an attorney for you.

How overtime rate is calculated

The overtime rate is calculated by the multiplying the no. of extra hours and one and a half of the per hour salary. An overtime pay can be more if it is mentioned in the contract or if a company wants, but a company can’t reduce it from one & a half of per hour.

While evaluation of overtime wage, not all factors are not included such as:

  1. Employee Insurance or retirement plans.
  2. While bonus or extra company benefits.
  3. While Travel expenses.
  4. When Employee is sick, working on off days of the company.

If any company is violating this law that company can be sued and the employer can be punished for this, and he/she has to pay for the whole overtime hours.

Which employees are eligible for overtime?

According to FLSA, the employees are categorized in two categories: exempted employees & Non-exempted employees. The main difference between these two categories is the overtime salary.

Eligible for overtime

Overtime Lawyer - Pennsylvania Employment Lawyers 412-626-5626

 

Overtime Lawyer – Pennsylvania Employment Lawyers

Some employees of a company, frequently named as exempted workers, are not qualified for extra hours pay as ensured by the Fair Labor Standards Act (FLSA). To add to that, most states have their own wage and hourly rate laws that have considerably more prerequisites notwithstanding the FLSA. It is basic that organizations take after both the state and government business laws keeping in mind the end goal to remain lawfully agreeable.

The FLSA requires that businesses must pay at any rate the lowest pay permitted by law for up to 40 hours in a work week and extra hours pay for any extra time unless the worker falls into an exemption classification. Notwithstanding the Federal Act, many states have their own specification of wages and laws and it is basic that businesses maintain both government and state law to stay agreeable.

Not eligible for overtime

A non-exempted worker is qualified for extra time pay under the Fair Labor Standards Act (FLSA). Managers are required to pay time and a large portion of the worker’s normal rate of pay when they work over 40 hours in a given pay week. Most employees must be paid the government the lowest pay permitted by law i.e. $7.25 in 2017 for normal time and at any rate time and a half for any hours worked over the standard 40.

Exempted employees are categorized in three categories. Executive, Professional & Administrative. It is not only the title of a job, it is categorized on the basis of tasks done under the jobs. An exempted employee can be eligible for overtime pay if he/she works some non-exempted employee duty. For example, An administrator is doing the duty of a non-exempted worker than he/she is eligible for the overtime wages.

Executive Exemption:

To meet all requirements for the Executive Exemption, the employee essential employment obligation must be either deal with the organization or an office/subdivision. The executive employee should coordinate the work of at least two other all day workers. Also, to fit the bill for the executive exception, the worker must have the specialist to contract or terminate different representatives or, at any rate, the organization must utilize the representative’s proposals when settling on faculty choices.

Administrative Exemption:

The Authoritative worker’s essential obligation must be the execution of “office or non-manual work straightforwardly identified with the administration or general business operations of the business or the business’ clients.” To fit the bill for the Authoritative exemption, the representative’s essential occupation obligations must incorporate the activity of prudence and autonomous judgment in regard to matters of significance.

Professional Exemption:

Under the Professional Exemption, the representative’s essential obligation “must be the execution of work requiring propelled information, characterized as work which is overwhelmingly intellectual in character and which incorporates work requiring the reliable exercise of carefulness and judgment.” To fit the bill for the expert exclusion, the worker’s propelled knowledge must be in a field of science or education should be “generally obtained by a drawn out course of a particular scholarly guideline.” Doctors and architects commonly fall under the expert exception.

Most possible exemptions from overtime

  1. If an employee salary is $27.63 per hour, then he/she is exempted for overtime pay. It includes software engineers and programmers.
  2. The employees whose duty is to sign all the documents, he/she is exempted for overtime pay.
  3. Independent contractors are not eligible for overtime pay.
  4. The person who has a recreational business like in Courchevel he/she is exempted for overtime.

If you are confused about you are an exempted employee or a non-exempted employee you should consult an attorney who can guide you. If you want to hire an overtime lawyer as your company is not paying you overtime pay, then you should contact our lawyers. They will handle your case and helps you in getting the correct wages.

Can a salaried employee earn overtime pay?

A Salaried employee can earn overtime pay or not it all depends upon the category under which the employee is considered. Some employees are not under Salaried employees, there are some specification if that specification meets then you are not a salaried employee. Here are those specifications:

  1. If you are on a leave, and your salary is cut then you are not a salaried employee.
  2. If you are sick and wants a leave & salary is deducted then you are not a salaried employee.
  3. If you are completed your duties not on time then your salary is deducted if you are not a salaried employee.
  4. If there is no paid leave, then you are not a salaried employee.

A salaried employee may or may not fall under exempted and non-exempted employee list. If you consider your salary is deducted illegally you should consult an attorney for getting your right wages.

Why would my employer pay a salary if I am entitled to overtime?

Some employers try to save the money and consider their employees as exempted employees. For an exempted employee an employee should be on administrative duty, executive duty or a professional duty. For these types of employee, the federal and states laws are not valid.

For right differentiation, an employee should consult an attorney who can tell him/her about the exempted and non-exempted employee. If you are looking for an overtime attorney Steve Franko Lawyers are best for you.

Retaliation for requesting overtime pay

When an employee requests for an overtime pay, some employers harass them by reducing their salary, reducing their working hours or firing from the job, etc. It is illegal according to FLSA. So if, an employer is retaliating the employee then he/she can file a case against the employer.

For this, he/she should contact an attorney who can assist him/her in filing the case and helps him/her in getting the deserving salary.

How to recover unpaid overtime wages

If your boss or previous business did not pay you time and a half for extra time and you are a non-exempted employee of a company according to FLSA, you can sue the employer to recuperate your unpaid wages. If you successfully provide the evidence against your boss, then you can get the benefit as the court can punish your boss by making the expenses of your lawyer from your boss. You will get your unpaid wages with an addition of extra rate.

When should I contact an overtime lawyer?

Overtime Lawyer - Pennsylvania Employment Lawyers 412-626-5626

 

Overtime Lawyer – Pennsylvania

When you believe that your employer is deducting your salary illegally, you should ask him/her for your wages and overtime wages. If your request is not proceeded in a good direction, consult an attorney. An attorney may help you by making an agreement between you and your employer and the whole matter is settled outside the court.

If your employer is not ready for it then a proper legal procedure will be followed by the attorney and it may possible you get some extra benefits after winning the case. If you want an experienced attorney, to consult your case with us. We will provide you the best solution possible for your case.

Why should I hire an overtime attorney?

  • When you have an attorney, the employer will consider your case carefully. It is possible that you don’t have a need to take the headache of court visits. It is possible due to an attorney the Employer solves your complaint on his/her behalf.
  • When you have an attorney, and you are not getting the results from your employer, the lawyer could find more evidence against the employer and it makes your case stronger.
  • When you have an attorney you will be aware of all the question and answers of the defense lawyer and you will be able to give right answer without making any mistake, it will increase the probability of winning the case.
  • When you have an attorney he/she will be able to help you regard getting the proper claim from the employer and deserving salary and unpaid wages.
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