Employment Lawyer in Pennsylvania

Focused Help For Pennsylvania Workers With Wage and Overtime Problems

If you work hard but are not being paid for all of your time, you are not alone. Many employees in Pennsylvania are denied overtime, pushed to work off the clock, or misclassified in ways that reduce their pay. As an employment law attorney Pennsylvania workers turn to for wage and hour help, Winebrake & Santillo is dedicated to standing up for employees in these situations.

Our firm represents workers, not employers. We focus our practice on wage and overtime rights under the federal Fair Labor Standards Act and similar Pennsylvania wage laws, and we go to Federal and State Courts for employees who have been unfairly deprived of pay. If you are worried about your paycheck and unsure whether the law has been violated, we are here to help you understand your options.

Based in Philadelphia, we have devoted substantial time and resources to recovering unpaid wages for individuals and groups of workers across the state. Our lawyers have litigated numerous wage and overtime lawsuits and have recovered millions of dollars for hardworking people and their families. On this page, we explain how we help and what you can do if you believe your employer is not paying you lawfully.

Get comprehensive legal guidance from a labor law attorney you can trust. Call (215) 866-1551 or contact us promptly to schedule your consultation.

Why Workers Across Pennsylvania Turn To Our Firm For Wage & Overtime Help

When you are choosing an employment lawyer, Pennsylvania workers benefit from hiring a firm that concentrates on wage and overtime cases. At Winebrake & Santillo, our practice is built around one core mission, which is enforcing the pay rights of employees under federal and state law. We do not treat wage and hour cases as an occasional side matter. Instead, we focus our time and energy on these disputes so we can recognize patterns, anticipate employer defenses, and pursue strong strategies.

Our lawyers regularly appear in Federal and State Courts in this region on behalf of workers with unpaid overtime, off-the-clock work, and other wage claims. We bring cases under the Fair Labor Standards Act and under Pennsylvania wage laws when employers ignore or try to work around clear legal rules. This courtroom experience means we are prepared to move beyond negotiation when necessary and present your case to a judge or jury.

Over the years, our firm has helped recover millions of dollars in back pay and related damages for employees whose wages were shorted. These recoveries have involved individual claims and lawsuits brought on behalf of groups of workers facing the same pay practice. Our goal in every matter is the same. We work to ensure that workers receive the same level of attention and respect that corporations and large employers expect for themselves.

Because we focus on wage and overtime law, we pay close attention to changes in federal regulations and in Pennsylvania statutes and court decisions. We study how judges view issues such as misclassification, off-the-clock work, and tip credit rules so we can build cases that fit current legal standards. When you contact us, you speak with a team that concentrates on wage and hour law rather than a general practice that only occasionally sees these disputes.

Common Wage & Overtime Violations Pennsylvania Workers Face

Many workers are unsure whether their situation is actually illegal. They may feel that something is wrong, but do not know how the law applies. A labor law attorney can help you sort that out, but it may also help to see how your experience compares to common wage and overtime violations. These patterns appear in many of the cases we handle for employees across the state.

Some of the most frequent problems include unpaid overtime for hours worked over 40 in a workweek. Employers sometimes try to avoid overtime by paying a flat salary and telling workers they are exempt, even when their job duties and pay level do not meet the legal requirements for an overtime exemption. Others tell employees to clock out and keep working or to perform tasks before or after their recorded shifts. The law often treats this unpaid time as work that should be compensated.

Misclassification is another widespread issue. Some employers label workers as independent contractors, even though the company controls how and when the work is done. This can wrongly deny overtime and other protections. Tip and service charge practices can also be unlawful. For example, employers may take more of a tip credit than the law allows, fail to share tips properly, or treat mandatory service charges as tips when distributing money to staff.

Unlawful deductions can reduce a paycheck below what the law permits. These may involve deducting for uniforms, tools, or mistakes in ways that shift business costs onto workers. Pennsylvania wage laws and federal law place limits on when and how employers can make deductions from pay. If you recognize any of these patterns, or if your situation feels similar but not identical, it is worth having a conversation with a labor law attorney in Pennsylvania for wage and hour guidance.

How Our Wage & Hour Lawyers Help Pennsylvania Employees Protect Their Rights

Once you suspect that your employer is not paying you correctly, the idea of contacting a lawyer may feel intimidating. We understand that most workers have never been involved in a lawsuit and do not know what to expect. Our role is to guide you through each step and to shoulder the legal work so you can focus on your life and your job. When you reach out to our firm, we start by listening to your story in detail and reviewing the pay practices that affect you.

During an initial review, we typically look at pay stubs, timesheets, schedules, and any written policies or messages about hours and compensation. We compare those materials to what you tell us about the hours you actually work. As a labor law lawyer, we use our knowledge of the Fair Labor Standards Act and Pennsylvania wage laws to evaluate whether you may have a legal claim.

If a claim appears warranted, we discuss potential paths forward. Some matters can be addressed by contacting the employer and attempting to resolve the issue without a lawsuit. Others are better suited to formal litigation because of the amount of money at stake, the number of workers involved, or the employer’s unwillingness to change its practices. Our lawyers regularly file cases in federal courts, including the United States District Court for the Eastern District of Pennsylvania, and in Pennsylvania courts that hear wage cases.

We know that many workers worry about retaliation if they come forward. While no law can remove every risk, federal and Pennsylvania statutes do offer protections for employees who assert wage rights. We explain these protections and discuss practical considerations, such as whether you are still employed, whether others share the same concerns, and how communication with your employer will be handled. Throughout the process, we strive to keep you informed and to answer questions as they arise so that you never feel left in the dark. Reach out to a qualified employee rights attorney as soon as possible.

Real Results For Hardworking People

Behind every wage case is a person or a family trying to cover rent, groceries, and other basic needs. That reality guides how we approach our work. Over time, our firm has been trusted by a wide range of workers who faced unlawful pay practices. We have represented healthcare employees who were automatically docked for meal breaks they never received, warehouse workers required to perform off-the-clock tasks, drivers who were not paid for all miles or waiting time, and retail and restaurant employees whose tips and overtime were mishandled.

In some matters, we have worked with a single employee whose pay records clearly showed unpaid overtime over a period of years. In other cases, we have brought lawsuits on behalf of groups of workers who experienced the same unlawful system, such as a companywide policy that encouraged work before or after a shift without pay. These collective efforts can be especially important when each underpayment is modest, but the total across many employees is substantial.

Through these and other cases, we have recovered millions of dollars for workers and their families. The money recovered often helps clients catch up on bills, stabilize their finances, and move forward with a renewed sense of fairness. While every case is different and no outcome can be promised in advance, these results reflect our commitment to standing up to employers who disregard wage and overtime rules.

For us, a successful wage or overtime case is not only about the dollars recovered. It is also about confirming that workers’ time has value and that companies must follow the same legal standards, whether they are large corporations or small businesses. That belief drives us to devote the time, energy, and resources that wage litigation demands.

What To Do If You Think Your Employer Is Not Paying You Lawfully

When you first notice a problem with your pay, you may not be sure what to do next. Some workers stay silent because they fear losing their jobs. Others confront a manager without understanding their rights and end up signing documents that limit their claims. A labor lawyer Pennsylvania workers trust can help you avoid missteps, but there are also practical steps you can take on your own to protect yourself.

Here are some actions that can help preserve your rights and strengthen any future claim:

• Keep copies of your pay stubs and any available timesheets or schedules.
• Write down the hours you actually work, including time before or after your recorded shift, and note any off-the-clock tasks.
• Save emails, text messages, or written policies that describe pay practices, overtime rules, tip sharing, or expectations about working through breaks.
• Avoid signing agreements, releases, or severance offers about your wages without first having them reviewed by a lawyer who understands wage and overtime law.
• Be cautious about confronting your employer without a clear plan. What you say can affect your options later.

Many workers also wonder whether they can bring a claim if they no longer work for the employer. In wage and overtime matters, you often can pursue unpaid wages even after leaving the job, as long as you file within the time limits set by federal and Pennsylvania law. A labor law attorney can explain how these timeframes apply to your specific situation.

If you suspect your wages are short, you do not need to have every detail figured out before you contact us. Part of our job is helping you understand which facts matter under the law and how best to move forward. Talking with our team can provide clarity and help you decide whether to take the next step.

Serving Workers Across Pennsylvania In Federal & State Courts

Winebrake & Santillo is based in Philadelphia, and we represent workers across the state in wage and overtime matters. Where a case is filed often depends on the type of claim and where the employer operates. Many claims based on the Fair Labor Standards Act are brought in federal courts, such as the United States District Court for the Eastern District of Pennsylvania. Other claims may proceed in Pennsylvania courts under state wage statutes.

As an employment attorney Pennsylvania workers can turn to for courtroom representation, we are familiar with the procedural rules and expectations in these courts. We prepare cases with an eye toward how judges and opposing counsel are likely to evaluate issues such as overtime entitlement, recordkeeping, and damages calculations. This familiarity helps us manage cases efficiently and address the details that can influence outcomes.

You do not need to live in Philadelphia to work with our firm. Wage and overtime violations affect employees in cities, suburbs, and rural communities across the state. We regularly talk with workers who live far from our physical office but share similar concerns about unpaid hours and unfair pay practices. Our focus is on the substance of your wage issue, not your zip code.

If you are unsure whether your claim belongs in federal or state court, that is not something you need to decide on your own. Part of our role is to review the facts and determine which laws and forums are most appropriate for your situation. We can then explain those options in plain language so you understand where and how your case may proceed.

Reach out to an employment law attorney in Pennsylvania for experienced legal support. Complete our online form to start the process promptly.

Frequently Asked Questions

How Do I Know If My Unpaid Overtime Violates The Law?

The easiest way to know is to have a lawyer who handles wage and overtime cases review your situation. Generally, federal and Pennsylvania law require that most employees be paid overtime when they work more than 40 hours in a workweek. Employers sometimes claim that workers are exempt or that certain hours do not count, but those claims do not always hold up when the actual job duties and pay structure are examined.

If you are working more than 40 hours and not receiving overtime pay, or if you are doing off-the-clock work that is not reflected on your pay stub, there is a real possibility that your rights are being violated. As an employee rights lawyer, we look at your pay rate, your job tasks, and your schedule to determine whether the law likely treats you as entitled to overtime. You do not need to know the legal tests yourself before you call us.

Can I Contact You If I Still Work For The Employer?

Yes, many workers reach out to us while they are still employed by the company whose pay practices concern them. It is understandable to worry about retaliation, such as reduced hours or termination. Federal and Pennsylvania laws contain anti-retaliation provisions that make it unlawful for employers to punish employees because they asserted wage rights or participated in wage cases.

When you speak with us, we treat those conversations as confidential. We can discuss your options, including whether to raise issues internally, whether others share the same concerns, and how any legal action might affect your job. Our goal is to help you protect your rights while taking a realistic account of your workplace situation. As an employee rights attorney, we take retaliation concerns seriously and discuss them openly with our clients.

What Will It Cost To Have Your Firm Review My Wage Case?

We understand that workers facing unpaid wages may already be under financial stress, so cost is a major concern. You can contact our firm to discuss your potential wage or overtime claim without needing to pay an upfront consultation fee. During that conversation, we can explain how fees would work if we both decide that it makes sense to move forward.

In many wage and hour matters, lawyers structure fees in ways that are tied to the recovery rather than requiring large hourly payments from clients. The exact arrangement can depend on the facts of the case, the number of workers involved, and the laws under which claims are brought. When you speak with us, we will walk through these details so you have a clear understanding of what to expect financially.

What Information Should I Gather Before I Call Your Office?

You do not need to have every document in hand before you contact us, but certain items can be very helpful. Pay stubs, timesheets, and work schedules are often key pieces of evidence in wage cases. Written policies about overtime, meal breaks, tip sharing, or independent contractor status can also shed light on how your employer views its obligations.

It can also help to jot down your typical workweek, including when you arrive, when you leave, and any time you work off the clock. If there are specific incidents that stand out, such as being told not to report certain hours, make a note of the dates and what was said. As a labor attorney Pennsylvania workers rely on, we use this information to understand both the legal issues and the practical realities of your job. If you do not have all of these materials, do not let that stop you from reaching out. We can still talk through your situation and advise you on what to try to obtain.

How Long Do I Have To Bring A Wage Or Overtime Claim?

Time limits for wage and overtime claims are set by law, and missing a deadline can reduce or eliminate your ability to recover unpaid wages. Under the Fair Labor Standards Act, there is typically a two-year period for many violations and a longer period for willful violations. Pennsylvania wage laws also have their own timeframes for bringing claims.

The exact deadline that applies can depend on details such as when the unpaid work occurred, whether the violations are ongoing, and what type of claim is filed. Because these rules can be complex, it is usually best to speak with a lawyer as soon as you suspect a problem. As a labor lawyer Pennsylvania workers rely on for wage guidance, we review the timeline of your work history and pay records, and then explain how the filing periods may apply to your case.

Will My Case Have To Go To Court?

Not every wage or overtime case ends up in a courtroom, but many are filed in court to protect workers’ rights and preserve claims. Some disputes are resolved through negotiation or settlement discussions before a trial is necessary. Others require formal lawsuits in Federal or State Court so that a judge can address legal issues and, if needed, a jury can decide disputed facts.

As a labor law attorney, we prepare every case with the possibility of court in mind. That means gathering records, analyzing pay practices, and developing a clear explanation of how the law applies to your work. If your case does proceed in court, we guide you through each stage and explain what to expect. Our goal is to make the process as manageable as possible while standing up firmly for your rights.

Can Your Firm Help Groups Of Workers With The Same Pay Problem?

Yes, many wage and overtime violations affect groups of employees in the same way. For example, a companywide policy that automatically deducts meal breaks whether or not they are taken can impact an entire department. In situations like these, workers may be able to pursue claims together through collective or class-type proceedings, depending on the facts and the laws involved.

Our firm has experience handling lawsuits brought on behalf of multiple workers who share the same pay practice. Group cases can be an efficient way to address systemic violations and to seek changes to unlawful policies. When you contact us, we can discuss whether others at your workplace are experiencing similar issues and whether a group approach might make sense. As an employee rights lawyer Pennsylvania workers turn to for wage claims, we consider both individual and group options when evaluating your situation.

Talk With Our Team About Your Wage & Overtime Rights

If you are worried that your employer is not paying you for all of your work, you do not have to figure it out alone. As an employment attorney Pennsylvania workers rely on for wage and overtime matters, Winebrake & Santillo focuses its practice on helping employees understand and enforce their rights under federal and state law. We have litigated many wage and overtime lawsuits and helped recover significant sums for workers in a wide range of jobs.

You do not need to know whether your situation definitely violates the law before you contact us. Our role is to listen, review your pay practices, and explain your options in clear, straightforward terms. If you decide to move forward, we will work to protect your rights and to pursue the unpaid wages you may be owed. To talk with our team about your wage and overtime concerns, call us today.

Call (215) 866-1551 to speak with an employee rights lawyer in Pennsylvania from our team about your wage and overtime rights.