Overtime Attorney in Montgomery County, PA

Wage & Hour Law Is All We Do. Montgomery County Workers Notice the Difference

When your employer fails to pay you time-and-a-half for hours worked beyond 40 in a workweek, you may have a viable claim under federal or Pennsylvania law. At Winebrake & Santillo, overtime and wage law isn’t one service among many. It’s the only thing we do. We serve workers throughout Montgomery County, filing cases in the Montgomery County Court of Common Pleas in Norristown and in the U.S. District Court for the Eastern District of Pennsylvania.

Montgomery County’s workforce spans healthcare, manufacturing, retail, and service industries. Overtime disputes arise across all of them, and many workers don’t recognize a violation because it looks like a company policy rather than a missing paycheck.

Why Montgomery County Workers Choose Winebrake & Santillo

Our attorneys have litigated hundreds of wage and overtime lawsuits and recovered tens of millions of dollars for working people. The team brings over 70 years of combined experience in this specific area of law. That depth matters when the legal questions get complicated.

Federal courts have recognized our work in concrete terms. In 2023, a federal court noted that Winebrake & Santillo has “a considerable record in employment matters” (Ricci v. Newrez LLC, E.D. Pa. 2023). The following year, attorney Andy Santillo was described alongside co-counsel as “patently qualified” with “significant experience with wage payment and collections cases” (Martinez v. Amazon.com Servs. LLC, D. Md. 2024). These aren’t marketing claims. They’re findings in court records.

Closer to home, we recovered $1.3 million for workers at a Montgomery County pork plant. That result reflects what we do for employees here.

Common Overtime Violations in the Workplace

Overtime violations rarely look like obvious theft. Employers often build them into job classifications, payroll practices, or scheduling systems. Some patterns we see regularly:

• Misclassification as exempt: Labeling someone “executive,” “administrative,” or “professional” doesn’t automatically make them exempt. The actual job duties must satisfy specific legal tests under the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA).
• Off-the-clock work: Time spent before or after shifts, through unpaid meal breaks, or working from home counts toward the 40-hour threshold if the employer required or allowed it.
• Misclassification as an independent contractor: Calling a worker a contractor doesn’t override the legal test. Many contractors are legally employees and entitled to overtime.
• Improper regular-rate calculation: Overtime pay must be based on a worker’s full regular rate. Excluding bonuses, shift differentials, or commissions from that calculation understates what overtime should cost.
• Averaging hours across workweeks: The FLSA measures overtime week by week. Spreading hours across two weeks to avoid hitting 40 in any single one isn’t a lawful way to reduce overtime obligations.
• Salaried employees owed overtime: A salary alone doesn’t establish an exemption. If your duties don’t meet the legal standard, you may still be entitled to overtime regardless of your job title.

Talk to an Overtime Lawyer About Your Montgomery County Claim

Overtime claims under the FLSA have a two-year statute of limitations for standard violations, which means delay can reduce the wages you’re able to recover. Contacting an attorney promptly can help protect the scope of what you may be owed.

Winebrake & Santillo represents workers throughout Montgomery County in overtime and wage disputes, and our practice is dedicated entirely to this area of law. To discuss your situation, call (215) 866-1551 or use our online contact form.