Am I Owed Overtime Pay? Understanding Your Rights
Overtime pay is one of the most common wage issues employees face. Many workers assume their employer is calculating pay correctly, only to later discover they were denied overtime wages they legally earned. Both the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA) set rules for when overtime must be paid and how much employees should receive.
What Is Overtime Pay?
Under federal law, most employees are entitled to receive time-and-a-half pay for every hour worked over 40 in a single workweek. For example, if your regular hourly rate is $20, your overtime rate should be $30 for each extra hour beyond 40.
Who Is Entitled to Overtime?
Not every employee is exempt from overtime. Employers sometimes misclassify workers as “salaried” or “exempt” when, in fact, they qualify for overtime protection. You may still be owed overtime if:
- You are paid a salary but your actual duties don’t meet the strict tests for exempt employees.
- You are labeled an “independent contractor” but perform the work of a regular employee.
- You are required to work off-the-clock before or after your scheduled shift.
- You routinely work more than 40 hours per week without additional pay.
Common Overtime Violations
Employers use many tactics to avoid paying overtime properly, including:
- Paying a flat salary regardless of hours worked.
- Misclassifying employees as exempt managers or professionals.
- Requiring employees to perform pre- or post-shift work without pay.
- Averaging hours across multiple weeks to avoid paying overtime.
- Failing to count time spent traveling between job sites or on required training.
Pennsylvania’s Overtime Protections
In addition to the FLSA, the PMWA provides overtime rights that can be even more protective for employees. Pennsylvania law requires overtime pay for hours worked over 40 per week, and courts in Pennsylvania sometimes interpret employee coverage more broadly than under federal law.
What Can You Recover?
If your employer failed to pay overtime, you may be entitled to:
- Unpaid overtime wages
- Liquidated damages (often doubling what you’re owed)
- Interest and attorney’s fees
What To Do If You Suspect Overtime Violations
If you believe you’ve been denied overtime pay, don’t wait—both the FLSA and PMWA have strict filing deadlines. Talking with an employment lawyer can help you determine whether you’re covered and how to move forward.
At Wood Legal, we represent employees across Pennsylvania in overtime and wage cases. If you think your employer has shorted your pay, reach out for a free case evaluation.
