Ed Sweeney
Franny Ryan
If you work over 40 hours in a week, you are entitled to overtime pay, which is one and a half times your regular rate for every overtime hour. Under both the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act, non-exempt employees must receive overtime compensation.
Yet many employers dodge these obligations by misclassifying workers as exempt or independent contractors, forcing off-the-clock work, or improperly withholding pay. As a result, unpaid wages and wage theft remain pervasive issues for employees in PA.
At Wusinich, Sweeney & Ryan, our attorneys help you recover unpaid wages, overtime, back wages, liquidated damages, and reasonable attorney’s fees. With decades of experience in employment law, our experienced lawyers guide you through recovering compensation under FLSA and Pennsylvania wage and hour laws.
The following practices not only violate wage and hour laws but also constitute wage theft. Many employees, often hourly wage workers, lose thousands of dollars in unpaid overtime wages each year. If any of these practices sound familiar, you may have an unpaid wages claim.
A common misclassification tactic is labeling non-exempt employees as “salaried” or “independent contractors” to avoid paying overtime. Suppose your primary duty meets the non-exempt criteria described under FLSA, such as performing manual labor or routine tasks. In that case, you are entitled to overtime pay, regardless of your official job title or salary.
Employers sometimes require off-the-clock work such as security screenings before shifts, mandatory training after clocking out, or responding to emails at home. Any hour worked must count toward your work hours and overtime hours. Failure to include those hours in your pay period amounts to unpaid wages and violates both federal law and state regulations.
Overtime compensation requires calculating 1½ times your “regular rate” of pay. Excluding bonuses, commissions, or shift differentials from that calculation can shortchange your overtime wages. Under FLSA and Pennsylvania overtime laws, your rate must reflect all components of your wages.
Pennsylvania limits tip credits to tipped employees who spend no more than 20% of their time on non-tipped duties. If you exceed that threshold, your employer must pay you at least the full minimum wage for all hours worked, and any overtime must be based on that full rate.
Deducting uniform costs or cash shortages in a way that reduces your effective hourly wage below the federal minimum wage or the Pennsylvania minimum wage violates wage and hour laws.
At Wusinich, Sweeney & Ryan, our experienced employment lawyers can help you recover every overtime hour worked, ensure correct compensation, and pursue liquidated damages under federal law and state statutes.
If you believe your paycheck doesn’t reflect the hours you worked, don’t wait for the problem to fix itself. The steps below can strengthen your claim, and our team is ready to translate that evidence into action. A quick, no-cost consultation will let you know where you stand and how we can help you secure every dollar you’ve earned.
When you’re ready to move forward, or if you just need clarity, reach out to Wusinich, Sweeney & Ryan. A brief conversation can determine whether you have a viable claim and how quickly we can pursue back pay and damages on your behalf.
At Wusinich, Sweeney & Ryan, our legal counsel begins with a free consultation to review your job duties, pay stubs, and time records so you know where you stand without paying anything upfront. From there, our team digs into your pay periods, wage and hour data, and company policies to document every hour you worked, ensuring no unpaid overtime goes uncounted. Our goal is simple: recover your unpaid wages, overtime pay, liquidated damages, and attorney’s fees.
We also protect you from retaliation, whether that be a demotion, reduced hours, or termination, allowing you to assert your rights without fear. If many employees share similar claims, we can coordinate a collective or class action to tackle widespread wage theft efficiently. With decades of experience in employment law, we’re ready to help you get back what you’ve earned so contact us today to get started.
From our law firm in Exton, the Pennsylvania employment lawyers at Wusinich, Sweeney & Ryan, LLC are proud to serve employees in need of legal services in southeastern Pennsylvania including, but not limited to, Coatesville, Atglen, Avondale, Downingtown, Elverson, Honey Brook, Kennett Square, Malvern, Modena, Oxford, Parkesburg, Phoenixville, South Coatesville, Spring City, West Chester, West Grove, Upper Darby, Haverford, Radnor, Chester, Ridley, Drexel Hill, Springfield, Marple, Concord, Upper Chichester, Aston, Middletown, Newtown, Nether Providence, Ardmore, Yeadon, Broomall, Lansdowne, Upper Providence, Darby, and Philadelphia.
Answer the questions below to find out quickly if you may have a valid employment law claim. Additional details may be requested if relevant.
This quiz is for educational purposes only and does not constitute legal advice or create an attorney-client relationship. For personalized guidance, consult a licensed attorney in Pennsylvania.
