If you notice that your paid rate or logged hours are incorrect, you may have a wage and hours claim. But many employees have concerns about termination or retaliation at work if they file complaints in these situations.
Know that you are not alone. The United States Department of Labor Wage and Hour Division (WHD) recovered over $273 million in unpaid wages and damages for workers in 2024 alone. Both federal and Pennsylvania state laws protect workers from employers withholding wages, and a wage attorney can help you get the earnings you deserve.
Which Wage and Hour Laws Apply to Pennsylvania Employers?
Most employers are required to comply with standards outlined by the Fair Labor Standards Act (FSLA). In almost all circumstances, employers must pay employees wages that are due, and they must do so on time. The WHD is in charge of enforcing the FSLA’s standards.
In addition, it is illegal for an employer to withhold payment if you quit or are fired. According to wage and hour laws in Pennsylvania, including the Pennsylvania Wage Payment and Collection Law (WPCL), an employer must pay wages or face penalties, including civil suits launched by current or former employees.
According to the Pennsylvania Minimum Wage Act, employees — with a few exceptions — must receive a wage of at least $7.25 per hour. Employers must also pay overtime beyond 40 hours per week at 1.5 times the employee’s normal hourly rate. If your employer has been underpaying you, you could also file a claim to recover the difference between what you have received and the amount due to you.
Do I Have a Wage or Overtime Hours Case?
You may have grounds for a lawsuit if you believe your employer has committed wage and hour law violations, including:
- Failing to pay you at least minimum wage for all your work hours.
- Paying you less than the amount specified in your contract or missing scheduled payments.
- Refusing to pay you for any required on-the-job training.
- Declining to pay you for working overtime after 40 hours or paying overtime at your normal hourly rate instead of the required time and a half.
- Neglecting to pay for breaks or lunch.
- Withholding pay for any time on call away from the office or work you had to perform at home.
Even if you have a solid case, ensure you pursue it before the statute of limitations expires. For example, Pennsylvania courts will only consider cases of WPCL violations up to three years from the date wages were due.
How Much Is My Wage or Overtime Hours Case Worth?
If you file a successful lawsuit against your employer for unpaid wages or overtime hours, you may win any or all of these damages:
- Unpaid wages: Your employer may have to pay all unpaid wages due to you, including the difference between the rate they should have paid for overtime and what they paid.
- Interest on wages: In some cases, the court may also award interest on unpaid wages or liquidated damages up to twice your unpaid wage amount.
- Legal costs: Courts usually order the employer to pay the employee’s attorney’s fees. Knowing you could have your legal costs reimbursed should encourage you to seek professional legal support for the best chance of winning your case.
- Penalties: If your employer has violated the FSLA, WPCL or other legislation, the court may impose further penalties for breaking the law.
Sometimes, employers and employees settle wages or hours lawsuits outside of court. If you can agree to an amount, this approach can recover the wages you deserve without going through the full legal process, which both parties may prefer. Consulting a lawyer for payroll issues can help you calculate what to ask for in a settlement, and they can negotiate a fair resolution on your behalf. If your employer is unwilling to settle, the attorney can prepare a persuasive case and represent you in court.
Find a Trusted Harrisburg Unpaid Wage Lawyer With Weisberg Cummings
Weisberg Cummings is a law firm based in Harrisburg, Pennsylvania, with a track record of handling cases involving unpaid wages and overtime violations. If you are a Pennsylvania employee and believe your employer may have committed a wage or hours violation, we can help you determine whether you have a case. Should you choose to move forward, our experienced wage and hour lawyers will draw on their litigation experience and knowledge of federal and state employment laws to fight in your corner.
With over 40 years of experience, the attorneys at Weisberg Cummings can help you recover the wages you deserve, whether by negotiating a settlement or making your case in court. Contact us to schedule a free consultation with a Pennsylvania wage and hour attorney.
