Overtime Violation Lawyer in Pennsylvania
Standing Up For Workers Missing Overtime Pay
If you are working long hours and not seeing proper overtime on your paycheck, you are not alone. Many workers across Pennsylvania quietly lose money every week through unpaid overtime, off-the-clock work, and confusing pay practices. Those missing wages can make it harder to cover bills and support your family.
At Winebrake & Santillo, we focus our work on helping employees recover the wages they already earned. From our office in Philadelphia, we represent workers across the state in wage and overtime matters under the federal Fair Labor Standards Act and similar Pennsylvania laws. When you contact us, our goal is to give you clear answers about your rights and your options.
We understand that it can feel risky to question your pay, especially if you depend on your job. This page explains common overtime violations, practical steps you can take, and how a dedicated overtime violation attorney in Pennsylvania can help you move forward.
Don't hesitate—reach out to an experienced unpaid overtime attorney in Pennsylvania now. Complete an online form to take the next step.
Why Workers Choose Our Overtime Team
When your paycheck is short, you need a law firm that truly understands wage and overtime law, not a general practice that handles these cases on the side. Our firm focuses entirely on wage and overtime rights for workers. This focus allows us to recognize patterns, legal issues, and opportunities that might be overlooked by others.
Our attorneys have recovered millions of dollars in unpaid wages and overtime for hard-working individuals and their families. These cases have involved employees from many industries, including healthcare, warehouses, delivery services, restaurants, offices, and more. In each case, we work to make sure our clients are treated with the seriousness usually reserved for large corporate employers.
We litigate wage and overtime cases in federal court in Pennsylvania and in Pennsylvania state courts. This includes lawsuits under the Fair Labor Standards Act and under state wage laws. We prepare cases with courtroom advocacy in mind and are comfortable taking claims forward when that is the appropriate path.
Clients also choose us because of how we treat them. We listen carefully to how your job really works, not just what is written in a job description. We understand the pressure that employers can place on workers and the fear that retaliation can cause. Our attorneys strive to explain the law in plain language and to answer your questions clearly so you can make informed decisions about your situation.
If you are searching for an unpaid overtime lawyer in Pennsylvania who devotes substantial time and resources to wage and overtime law, our firm is ready to talk with you about your concerns.
Common Overtime Violations In Pennsylvania
Many employees are unsure whether their pay is legal because overtime rules can be confusing. In general, federal and Pennsylvania wage laws require that many workers receive overtime pay at one and one-half times their regular rate of pay for hours worked over 40 in a workweek. The details can depend on your job duties, pay structure, and industry.
In our work, we see certain overtime problems again and again. Some employers ask workers to perform tasks before clocking in or after clocking out, such as setting up equipment, logging into computer systems, or cleaning up. Others automatically deduct meal breaks from time records even when employees work through those breaks to keep up with demands. These practices can result in unpaid overtime over months or years.
We also frequently encounter misclassification issues. Workers are sometimes told they are salaried and exempt from overtime, or labeled as independent contractors, when the law actually requires that they receive overtime pay. Job titles like “manager” or “supervisor” do not control whether overtime is owed. What matters is what you do day to day and how you are paid.
Some pay systems can hide violations. For example, day rates, piece rates, or flat salaries may be paid without any extra overtime premium, even though employees regularly work more than 40 hours per week. In other situations, employers fail to include all forms of pay in calculating the overtime rate, such as bonuses or shift differentials. These details can have a significant impact on what you should have been paid.
Examples of overtime violations workers often experience include:
- Unpaid pre-shift or post-shift work, such as setting up, logging in, or closing down
- Automatic meal break deductions when you actually work through the break
- Required work-related calls, messages, or tasks performed off the clock
- Being told you are exempt from overtime simply because you receive a salary
- Being treated as an independent contractor when you function like an employee
- Day rate or flat salary pay with no additional overtime pay for long weeks
- Failure to include certain pay, such as bonuses, in the overtime rate
You do not have to sort out which specific law your employer violated before speaking with us. Part of our role as an overtime attorney in Pennsylvania is to review how you work, how you are paid, and which federal or state rules apply to your situation.
What To Do If Overtime Is Unpaid
Many workers wait a long time before asking questions about their pay because they fear losing their jobs or being blamed for raising concerns. It is understandable to feel nervous. At the same time, the longer an overtime violation continues, the more wages you can lose, and legal deadlines may limit how far back you can recover.
If you suspect unpaid overtime, you do not need to confront your employer before speaking with a lawyer. Talking privately with an unpaid overtime lawyer in Pennsylvania can help you understand your rights and the potential risks before you decide on any next step at work. Your conversation with our firm is confidential.
You also do not need perfect records. While it is helpful if you have some documentation, many employees do not control timekeeping systems or payroll software. We work with whatever information is available and help clients think through other ways to show the hours they worked and the pay they received.
Practical steps you can start taking now include:
- Saving recent pay stubs and any wage statements you receive
- Keeping copies of schedules, timecards, or screenshots that show your hours
- Writing down your typical daily and weekly routine, including start and end times
- Preserving emails, text messages, or policies about timekeeping and breaks
- Making a list of coworkers who have similar duties or schedules
Both federal and state law provide protections against retaliation for asserting wage and overtime rights. While each situation is different, employers are not free to punish workers simply for asking about unpaid overtime or for contacting an attorney. When you speak with us, we can discuss these protections in more detail and how they may apply in your workplace.
If you are ready to talk about your pay, our attorneys are available to review your situation and explain how we approach overtime and wage cases for workers in this state.
How Our Pennsylvania Overtime Lawyers Help
When you reach out to Winebrake & Santillo, we start by learning about your job and your pay in a straightforward conversation. We ask questions about your duties, your schedule, how you record your time, and how your employer calculates your pay. We know that every workplace is different, so we take time to understand the realities of your position rather than relying only on titles or written descriptions.
After we gather this information, we evaluate whether your situation appears to involve violations of federal or Pennsylvania overtime laws. This may include reviewing pay records, policies, and other documents you provide. We then discuss with you what we see, including potential legal claims and practical options for moving forward. Our goal is to help you make informed choices based on clear information.
If you decide to move ahead, our attorneys handle the legal work involved in pursuing your overtime and wage claims. We bring cases in federal courts in Pennsylvania and in Pennsylvania state courts, depending on which forum fits the particular situation. Throughout the process, we keep you informed about important developments and explain the steps in plain language.
Wage and overtime cases can range from individual lawsuits to cases involving groups of workers who experienced similar pay practices. Because our firm focuses entirely on wage and overtime law, we are accustomed to handling these different structures. We work to shape strategies that reflect your goals and the realities of your work and family responsibilities.
Working with an overtime attorney in Pennsylvania should not add confusion to an already stressful situation. We strive to make the process as manageable as possible, respect your time, and treat your concerns with the same seriousness that corporate defendants receive when they are sued. If you are considering your options, we welcome the opportunity to speak with you about how we may be able to help.
Our expert overtime lawyer in Pennsylvania is ready to provide personalized legal guidance. Call (215) 866-1551 to secure your consultation.
Frequently Asked Questions
How do I know if my overtime pay is wrong?
If your hours and pay do not seem to match, or you work over 40 hours without extra pay, something may be wrong. The best way to know is to compare your job duties and pay structure with federal and Pennsylvania overtime rules. Our team can review this with you.
Can I get overtime if I am salaried?
Many salaried workers are still entitled to overtime pay. Whether you receive overtime depends on your actual job duties and pay level, not just your title or salary status. We can look at the details of your position and help you understand whether the law requires overtime pay.
What if my employer retaliates for contacting you?
Federal and state laws generally prohibit employers from retaliating against workers for asserting wage and overtime rights. Each situation is different, but employers cannot lawfully punish you just for talking with a lawyer. We can discuss your concerns and help you think through ways to protect yourself.
Do I need pay stubs or time records to call?
You do not need a complete set of records before you contact us. Pay stubs, schedules, or notes about your hours are helpful, but many workers do not control official timekeeping systems. We can use whatever information you have and talk about other ways to show your hours and pay.
How much does it cost to hire your overtime lawyers?
We structure our work so that access to an overtime lawyer in Pennsylvania is realistic for working people. During your initial conversation, we explain how fees are handled and answer your questions about costs. Our goal is to make legal help for unpaid overtime as accessible as possible.
If you believe your employer has failed to pay you correctly for overtime work, you do not have to sort it out alone. Winebrake & Santillo focuses entirely on wage and overtime matters for workers across this state and is prepared to review your situation and explain how federal and Pennsylvania law may apply.
To talk with our team about your potential overtime claim and learn how an unpaid overtime attorney in Pennsylvania can help, you can call us for a confidential conversation.
Call (215) 866-1551 to speak with a knowledgeable overtime lawyer in Pennsylvania now.
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Helpful Information -
Our ExperienceThrough diligence and experience, we have worked to recover hundreds of millions of dollars for our hard-working clients and their deserving families. -
Who We Are
Client Testimonials
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"Winebrake & Santillo has a considerable record in employment matters."
Winebrake & Santillo has a considerable record in employment matters.- Ricci v. Newrez LLC, 2023 U.S. Dist. LEXIS 186727, at *23 (E.D. Pa. Oct. 17, 2023) -
"Significant experience"
Attorney Andy Santillo and his co-counsel are “patently qualified” attorneys who “have significant experience with wage payment and collections cases, knowledge of wage-and-hour law, and have clearly done significant work already in this case throughout discovery and the preparation of the motions and opposition papers now before the Court."
- MARTINEZ V. AMAZON.COM SERVS. LLC, 2024 U.S. DIST. LEXIS 209566, *28, *42-43 (D. Md. Nov. 18, 2024) -
"An established record"
W&S and its co-counsel "have an established record of competent and successful prosecution of large wage and hour class actions."
- Lapan v. Dick’s Sporting Goods, Inc., 2015 U.S. Dist. LEXIS 169508, *7 (D. Mass. Dec. 11, 2015) -
"Experienced wage and hour class action litigators"
W&S and its co-counsel "are experienced wage and hour class action litigators with decades of accomplished complex class action between them and that the Class Members have benefited tremendously from able counsel’s representation."
- Craig v. Rite Aid Corp., 2013 U.S. Dist. LEXIS 2658, *45 (M.D. Pa. Jan 7, 2013)