Wage and Hour Attorney in Philadelphia

Helping Salaried and Hourly Employees Recover Their Fair Pay

Many employees mistakenly believe they are not entitled to overtime pay just because they are paid a salary, but this is incorrect. In reality, millions of salaried employees are entitled to overtime pay when they work more than 40 hours per week. 

What is a Salaried Employee?

According to the U.S. Department of Labor, employees with salaried jobs receive a set amount of compensation every pay period. The amount does not change based on the quality or quantity of work completed by the employee.

Salaried employees in Philadelphia often fill roles in management, education, healthcare, or professional services. Each pay structure involves distinct rules, and eligibility for overtime pay depends on job duties, not just salary status. Many Philadelphia-area employers offer salaried positions in large industries such as healthcare at University City hospitals or education in the local school districts, yet these positions do not automatically exclude employees from wage protections.

What Does Salary Exempt vs. Salary Non-Exempt Mean?

Employers commonly classify employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA), which is a federal law that regulates minimum wage, overtime pay, and other employment standards for both categories of workers.

• Exempt: Exempt employees are typically salaried workers who do not qualify for overtime pay, meaning they do not receive extra pay for working more than 40 hours per week. These employees usually have professional, administrative, or executive duties, such as managing other employees, exercising independent judgment, or performing work that requires advanced knowledge or specialized skills. Examples of exempt employees include doctors, lawyers, managers, and IT professionals.
• Non-Exempt: Non-exempt employees are generally paid an hourly wage and receive overtime at one and a half times their regular rate for any hours worked over 40 per week. This category often includes blue-collar or manual labor workers who perform routine work under management oversight. Examples of non-exempt employees include retail workers, food service employees, and administrative support staff.

Misclassification creates significant consequences for employees and businesses in Philadelphia. Pennsylvania employers must follow state wage and hour laws, many of which provide greater protection than the federal baseline. If you think your employer misclassified your position, legal guidance may help determine your correct wage status. Workers in Philadelphia commonly contact the Pennsylvania Department of Labor and Industry for assistance, and local oversight often leads to enforcement actions against violations.

Employers must classify their employees correctly as exempt or non-exempt, as misclassification may lead to legal and financial consequences. If you are unsure about your classification or think you have been misclassified, consult with an employment law attorney for guidance.

Understanding Wage & Hour Laws for Philadelphia Employees

Navigating wage and hour laws in Philadelphia is crucial for both employees and employers. In a city with a diverse economy, many workers may not clearly understand their rights related to overtime pay, especially salaried employees. The Philadelphia Department of Labor and Industry provides resources for understanding employment rights and responsibilities so workers know their entitlements under local regulations.

Philadelphia’s wage and hour regulations often offer more robust protections than federal law. For example, Pennsylvania’s Minimum Wage Act includes requirements that sometimes exceed the FLSA. As a result, many local employees, regardless of their sector, may have stronger overtime protections than the federal standard provides.

Salaried workers in Philadelphia may think they are not entitled to overtime, but Pennsylvania law protects non-exempt workers regardless of pay method. Whether you work in Center City, North Philadelphia, or another neighborhood, employees in education, healthcare, and technology frequently face classification errors that can leave them without overtime benefits, especially during peak work periods.

If you have questions about wage-related matters or need to determine your exempt or non-exempt category, reach out to local resources. The Philadelphia Bar Association and the Pennsylvania Department of Labor can help you understand your rights under area wage and hour laws. Make sure you know your rights regarding pay and employee classification.

Thousands of dedicated workers in Philadelphia and throughout Pennsylvania take proactive steps to protect their wage and hour rights. Our team recognizes these local concerns and is prepared to help guide employees toward fair compensation as they navigate important legal decisions.

How Philadelphia Employees Can Pursue Wage & Overtime Claims

Philadelphia workers who suspect wage or overtime violations should gather pay records, timesheets, and any written communications with their employer related to hours and compensation. Keeping detailed notes about shifts and work performed can strengthen your position if you believe you have unpaid overtime or have been misclassified. Pennsylvania and federal law both provide important protections, and Philadelphia’s Department of Labor supports those rights through investigations and outreach.

Filing a wage or overtime claim often starts with a conversation with a wage and hour attorney, who can assess your circumstances under both state and local rules. The attorney may review the details, outline legal options, and, if appropriate, guide you in submitting a complaint to the Pennsylvania Department of Labor or another regulatory agency. In Philadelphia, proximity to these offices can help workers receive direct updates, quick responses, and guidance tailored to regional regulations. Employees who choose a firm focused solely on wage and overtime claims—such as Winebrake & Santillo—benefit from a process built to protect their interests at every stage. For experienced guidance, turn to a seasoned overtime violation lawyer from our firm as soon as possible.

Overtime Laws for Salaried Employees

Even when companies pay overtime to salaried employees, some businesses underpay by miscalculating the amount owed. In Pennsylvania, salaried employees who are eligible for overtime must receive full “time-and-one-half” pay for every overtime hour. For example, an employee earning a $500 weekly salary should receive an extra $30 [($500 / 40) X 1.5] for every hour worked over 40. However, many employers break this rule by using a “half-time” method to determine overtime owed to salaried employees.

Overtime standards in Philadelphia are enforced by both city and state authorities. Local enforcement agencies conduct audits of businesses for compliance, especially in regulated industries like hospitality and healthcare. Pennsylvania’s wage and hour laws apply citywide, and Philadelphia’s Department of Labor office addresses complaints with local guidance. Workers who believe their employer has withheld wages or underpaid overtime can access both state and municipal complaint processes to seek resolution.

Salaried Employee Case Results in Pennsylvania & Nationwide

Our firm has achieved strong results for salaried employees who were wrongly treated as “exempt” from overtime laws or who had their overtime pay improperly calculated. 

• $20.9 million for salaried assistant store managers who were classified as overtime exempt by a national drug store chain
• $11.5 million for salaried assistant branch managers who were classified as overtime exempt by a large retail bank
• $8 million for Pennsylvania and Ohio retail assistant department managers who received half-time pay instead of full time-and-one-half pay
• $4.5 million for salaried department managers employed at a multi-site grocery store chain and paid half-time for their overtime work
• $2.3 million for salaried store managers working at a chain of Colorado discount stores and classified as overtime exempt
• $75,000 for salaried mentors who were classified as overtime exempt by a Philadelphia social services agency
• $627,500 for salaried account managers who worked in Pennsylvania and were classified as overtime exempt by a company that provided custodial services to nursing homes
• $400,000 for salaried field service managers classified as overtime exempt by a national automotive inventory control company
• $500,000 for retail store managers who worked in Pennsylvania and only received half-time pay for their overtime work
• $311,000 for a group of salaried retail employees who held various job titles and only received half-time pay for their overtime work
• $490,000 for salaried service representatives who worked in Pennsylvania for a large lawn care company and only received half-time pay for their overtime work
• $505,000 for assistant branch managers classified as overtime exempt and working for a Pennsylvania bank
• $575,000 for retail assistant managers who worked in Pennsylvania and only received half-time pay for their overtime work 
• $110,000 for salaried convenience store managers and assistant store managers who worked in Northeastern Pennsylvania and only received half-time pay for their overtime work
• $87,500 for salaried intensive care managers who worked for a Pennsylvania/Delaware mental health provider and were treated as overtime exempt
• $66,000 to salaried case managers who were treated as overtime exempt by a Philadelphia behavioral health provider
• $489,000 for salaried implementation consultants who were classified as overtime exempt by a New York business software company
• $85,000 to salaried admissions representatives who were treated as overtime exempt by a Southeastern Pennsylvania trade school
• $300,000 for store managers and assistant store managers employed in Pennsylvania by a chain of discount shoe stores and only paid half-time for their overtime work

To get started on your case with a Philadelphia lawyer for salaried employees, call (215) 866-1551 or fill out our online contact form.

Employment Lawyers for Hourly Employees in Philadelphia

Many hourly employees do not receive credit for all the time they spend working for their company. Sometimes, employers call this working “off the clock.” Working “off the clock” is usually illegal. Under federal and state wage laws, employees have the right to pay for many pre-shift and post-shift activities, including time spent in security screening lines, walking to assigned locations, gathering work-related gear and equipment, waiting for assignments, traveling out of town, traveling between client sites, logging into call center computer programs, and taking breaks under 20 minutes.

Philadelphia hourly employees work in a range of industries, including retail, manufacturing, hospitality, and government. Local wage laws demand careful tracking of hours, and the Pennsylvania Department of Labor regularly reviews employers' timekeeping systems. Philadelphia employers risk major penalties if authorities uncover wage violations, and recent enforcement efforts have enabled more workers to recover back pay and damages. If you work or have worked for any Philadelphia employer and suspect unpaid time, consider seeking advice from a wage attorney who can help you understand your options.

Employers must also pay for work performed during unpaid lunch or meal breaks. During unpaid breaks, employees must be completely relieved of duties. Companies must pay for all job-related activities performed during work hours. Our law firm has obtained millions of dollars for hourly employees owed wages for “off-the-clock” work. 

Hourly Employee Case Results in Pennsylvania & Nationwide