Pennsylvania Minimum Wage Act Provides Pennsylvania Workers With the Right to Overtime Pay For Work Performed Outside of the United States

On July 7, 2009, a federal court in Pittsburgh, Pennsylvania decided Truman v. DeWolfe, Boberg & Associates, Inc., 2009 U.S. Dist. LEXIS 57301 (W.D. Pa. July 7, 2009), wherein it held that the Pennsylvania overtime law, the Pennsylvania Minimum Wage Act (“PMWA”), gives Pennsylvania-based employees the right to overtime pay for work performed outside of the United States. The judge flatly rejected the argument that the PMWA should be read in conjunction with the Fair Labor Standards Act (“FLSA”), which explicitly prohibits overtime pay for work performed outside of the United States. As explained by the Court: “If the Pennsylvania legislature had wanted to exempt foreign work from the PMWA it could have expressly included that exemption within the PMWA.” Id. at *8.

The Truman case, which was filed by Pittsburgh overtime attorneys, exemplifies how Pennsylvania overtime law often provides more protection than its federal counterpart, the FLSA. I have a feeling Pennsylvania overtime attorneys will be citing the Truman case for years to come.

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