An increasingly common tactic that employers use to pay employees less for overtime hours is to leave out certain compensation details in their wage calculations, such as bonuses and shift differentials (increased pay for night shifts). They may also attempt to average hours across multiple weeks to reduce the amount of overtime for a single week or pay period. However, these sorts of practices are a form of wage theft and violate federal and state labor laws. 

If your employer has withheld or miscalculated your overtime wages, you may be eligible to file an overtime wage claim against them to recover the earnings you deserve. At Winebrake & Santillo, our Philadelphia overtime attorneys help workers pursue wage claims and file individual and class action lawsuits against businesses that regularly refuse to fairly pay their employees for overtime. 

Why Choose Our Team

  1. Comprehensive Knowledge: With years of experience, our attorneys are well-versed in overtime law, staying up-to-date with changing regulations to protect your rights effectively.
  2. Proven Success in Wage Recovery: We have a proven track record of successful cases, securing fair compensation for our clients.
  3. Dedicated to Your Case: We understand that every case is unique. We provide personalized attention, ensuring that your specific situation and concerns are addressed.

Get Help With Your Overtime Claim – Call (215) 866-1551 for a Consultation with an overtime lawyer near you now.

Protect Your Rights as an Hourly Employee

As an hourly employee, it's important to understand your rights and ensure that you are being compensated fairly for your work. Our team of experienced employment lawyers at Winebrake & Santillo is dedicated to protecting the rights of hourly employees in Philadelphia and beyond. Whether you have been denied overtime pay, experienced miscalculations of work time, or have been asked to work "off-the-clock," we are here to help.

Some common issues that hourly employees may face include:

  • Unpaid overtime
  • Misclassification as exempt from overtime pay
  • Forced to work through meal and rest breaks
  • Unpaid travel time

If you believe that your rights as an hourly employee have been violated, don't hesitate to reach out to our firm for a consultation. We have a proven track record of securing favorable outcomes for hourly employees in Pennsylvania and nationwide.

Pennsylvania Overtime FAQ

What is the minimum wage in PA?

As of 2021, the minimum wage in Pennsylvania is $7.25 per hour, which is consistent with the federal minimum wage. However, some localities may have higher minimum wage rates, so it's essential to check the specific regulations for Dresher, PA.

How can I determine if I am eligible for overtime pay?

In Pennsylvania, non-exempt employees are generally entitled to overtime pay at a rate of 1.5 times their regular hourly rate for hours worked beyond 40 in a workweek. However, certain exemptions apply, so it's advisable to consult with an employment law attorney to assess your eligibility for overtime pay.

Can employers in PA require employees to work overtime without additional pay?

Employers in Pennsylvania must comply with federal and state wage and hour laws, which generally require them to compensate non-exempt employees for overtime work. However, there are exceptions for certain job classifications and industries. It's important to understand your rights and consult with legal counsel if you believe your employer is violating overtime pay regulations.

What should I do if I suspect my employer is miscalculating my wages or withholding overtime pay?

If you believe your employer is engaging in wage theft or improperly calculating your wages, you should document your work hours and pay, and consider seeking legal advice from an experienced wage and hour attorney in Dresher, PA. They can assess your situation, explain your rights, and help you pursue appropriate legal remedies.

Are there specific statutes of limitations for filing wage and hour claims in Pennsylvania?

Yes, Pennsylvania has specific time limits for filing wage and hour claims, including claims for unpaid overtime. It's crucial to be aware of these statutes of limitations, as they can vary based on the nature of the claim. Consulting with an attorney promptly can help ensure that you take timely action to protect your rights.

Overtime Laws in Pennsylvania

Overtime is defined by the federal Fair Labor Standards Act (FLSA) as any number of hours worked in a week beyond 40 hours. The FLSA also requires that employers pay eligible employees at least 1.5 times their normal pay rate for any overtime hours. For example, Pennsylvania matches the federal minimum wage limit, which is $7.25 per hour. This means employees who normally make minimum wage are entitled to $10.88 for each overtime hour worked. 

The federal and state wage and overtime rules apply to most hourly and salary employees. However, there are certain employees who may be exempt from these rules, such as certain executives, high-level admins, outside sales professionals, and some computer analysts, programmers, and engineers who perform specific duties. 

Let Our Overtime Miscalculation Attorneys Represent You

Determining overtime eligibility and proving miscalculation can be extremely difficult, which explains why employers so frequently get away with it. In fact, in 2014, the Economic Policy Institute (EPI) stated overtime miscalculation and other forms of wage theft affect far more people than any other form of theft or burglary. This problem has stubbornly persisted and, in 2021, the EPI issued a report calling for the U.S. Department of Labor to increase efforts to mitigate this issue. 

Fortunately, you don’t have to tackle your overtime miscalculation case alone. The legal team at Winebrake & Santillo has over 70 years of combined experience and handles more wage and hour cases than any other firm in the state of Pennsylvania. We can help you file your claim, gather evidence, and advocate for your financial and professional interests each step of the way. Although we’re based in Philadelphia, we are also licensed to practice in all 50 states and accept clients from throughout the U.S.

Call (215) 866-1551 or message us today to discuss your case with our Philadelphia-based overtime miscalculation lawyers.

  • “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)
  • “Have significant experience in similar matters under the [Pennsylvania Minimum Wage Act]” - Torres v. Brandsafway Indus. LLC, 2023 U.S. Dist. LEXIS 10631, at *8 (W.D. Pa. Jan. 20, 2023).
  • “I highly recommend this law firm.” - Brandon

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