We represent employees throughout Southeastern Pennsylvania, including Exton, Chester County, Delaware County, Montgomery County, Lancaster County, Berks County, and Philadelphia.
Ed Sweeney
Franny Ryan
Working extra hours does not always lead to an extra line on a pay statement. An employee may be paid a salary, asked to finish tasks after clocking out or receive overtime calculated using an incomplete pay rate. Each situation calls for a closer look at the work performed and the rules that apply.
Covered, nonexempt employees generally must receive overtime for hours worked beyond 40 in a workweek. Being salaried or having a management title does not, by itself, establish an exemption. Actual duties and the applicable pay requirements matter.
Pennsylvania and federal law must both be considered. A label on a job description is not a substitute for reviewing the work you actually do. If you are unsure of your classification, gather your job description, pay statements and a description of your ordinary workday for an attorney to review.
An employer's rule against unauthorized overtime does not erase the obligation to pay for compensable work it permits. Questions can arise when employees finish assignments after clocking out or perform required work away from the workplace. Training, travel, waiting time and other activities have their own rules; not every activity before or after a shift is automatically paid time.
Keep a dated record of the tasks you performed, when you performed them and any instructions you received. A useful record is specific: “answered customer messages from 6:10 to 6:35 p.m.” is more helpful than “worked late.”
The regular rate used for overtime is not always the same as the hourly figure printed on a pay statement. Certain bonuses, commissions or other payments may need to be included, while legally excluded payments are treated differently. The calculation also depends on the applicable law and pay arrangement.
Bring the pay statement and the written explanation of any bonus or commission plan. Avoid assuming that every payment must be included—or that the base hourly wage always supplies the complete answer.
Some employees are exempt from overtime, but the exemption must fit the applicable requirements. A person called a manager may spend much of the day doing the same work as other staff. Conversely, some positions may qualify for an exemption. The facts of the job matter more than the label alone.
Tipped work raises additional questions about the cash wage, duties performed and any tip credit the employer claims. Pennsylvania has specific protections for tipped workers. A review should examine the actual work and pay records rather than applying a simplified rule to every restaurant or hospitality employee.
Start with records you already lawfully possess:
Mark estimates as estimates. Do not remove confidential company records or access systems you are not authorized to use. If a record is missing, tell the attorney what it is and who may have it.
An overtime review can help identify the questions that need answers before deciding how to proceed. Wusinich, Sweeney & Ryan can discuss the work you performed, the available records and potential next steps. Timing can affect a claim, so do not assume you should wait until employment ends to ask about your options.
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.
