Our firm continues to have success representing Pennsylvania retail workers who receive half-time pay (instead of full time-and-one-half pay) for their overtime work. This overtime pay method most commonly applies to salaried employees who hold “manager,” “assistant manager,” and “c0-manager” positions. This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek pay.” Some workers and supervisors refer to the payment method as “Chinese overtime.”
Our firm has successfully argued that Pennsylvania law prohibits the half-time method of calculating salaried employees’ overtime pay. This past July, a federal Judge in Philadelphia agreed with our argument held that RadioShack violated Pennsylvania law by paying its managers under the half-time method:
To date, we have recovered millions of dollars for employees paid under the half-time method. And we are continuing to investigate companies that may be using this method.
If you are a current or former Pennsylvania salaried employee who has been paid under the half-time method, we would be happy to speak with you to determine whether you may have a viable legal claim. Just give is a call at (215) 866-1551 for a completely free and totally confidential consultation with one of our attorneys.