Employment Lawyers for Salaried Employees in Philadelphia
Many employees mistakenly believe they are not entitled to overtime pay just because they are paid a salary, but this is wrong. In fact, millions of salaried employees are entitled to extra overtime pay when they work over 40 hours per week.
What is a Salaried Employee?
According to the U.S Department of Labor, Employees with salaried jobs regularly receive a set amount of compensation every pay period. The amount cannot be reduced based on the quality or quantity of the work completed by the employee.
Salaried Exempt vs Non-Exempt
Whether a salaried employee is entitled to overtime is based on what they do, not their job title. Salaried employees who generally perform the same type of work as their hourly co-workers are usually entitled to overtime pay. Don’t be fooled — your right to overtime pay does not depend on having a fancy job title such as “manager” or “supervisor.”
Also, if your employer wants to treat you as exempt from overtime laws, it generally cannot make deductions to your salary just because you do not work all of your scheduled hours. You are generally entitled to your entire salary during every week or pay period. If the company docks you salary, then it might lose the right to treat you as overtime exempt.
Overtime Laws for Salaried Employees
In addition, even when companies pay overtime to salaried employees, they often cheat their employees by miscalculating the amount of overtime 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. Yet, many employers violate the law by using a “half-time” method to calculate the overtime owed to salaried employees.
To get started on your case with a Philadelphia lawyer for salaried employees, call (215) 866-1551 or fill out our online contact form.
“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).
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Salaried Employee Case Studies in Pennsylvania & Nationwide
Our firm has had great success in representing salaried employees who either were treated as “exempt” from the overtime laws or had their overtime pay miscalculated.
Here are some — but not nearly all — examples of the results we have obtained:
- $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, call (215) 866-1551 or fill out our online contact form.