Employment Law Firm Serving Philadelphia Area

eLabor Lawyer Representing Only Employees With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton, Radnor and Philadelphia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Wrongful Termination Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website. 

We assist employees on a wide range of employment law issues, such as discrimination, retaliation, wrongful discharge, overtime and wage claims, unemployment appeals, FMLA leave, ADA reasonable accommodations, long term disability claims, non-competition agreements and negotiating severance packages.  Often, our representation includes analysis of a combination of such issues.

For example, one needs to understand the interplay between ADA, FMLA, long-term disability claims and unemployment claims to be fully congizant of how to proceed when a medical condition affects one's ability to work.  Favorable negotiation of severance packages often entails obtaining leverage via a threatened discrimination, wrongful discharge or retaliation claims.  Unemployment appeals often yield valuable testimony useful in prosecuting a retaliation or discrimination claim.

We understand each and every law governing the employment of individuals in Pennsylvania, so we are well-suited to assist you in executing a strategy to protect your rights, or prosecuting a lawsuit to enforce them.

Discrimination Lawyer Serving Individuals in Locations Such as Gladwyne, Glenside, Gulph Mills, Haverford, Jeffersonville, Harleysville, Conshohocken, Schwenksville, Skippack, Souderton, Abington, Ambler, Plymouth Whitemarsh and Bryn Athyn

If you believe your employer has fired you illegally, call us today and we will discuss your matter at no cost to you. We will discuss your potential for receiving unemployment benefits, as well as your claim for unlawful separation from your job.  We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

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Philadelphia Area Attorney Employment Lawyer Explains Overtime Rights in Pennsylvania

Philadelphia Area Law Firm Specializing in Overtime Cases Representing Employees in Communities Such as Broonall, Newtown Square, Lawrence Park, Radnor, Villanova, Springfield, Edgemont, West Goshen, Devon, Berwyn, Wayne, Bryn Mawr, Ardmore, Narberth, Roxborough, Bala Cynwyd and King of Prussia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/ 

For a comprehensive view of overtime and FLSA standards and laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Chester County, Montgomery County, Delaware County and Philadelphia Working on a Contingent Fee Basis

What is overtime?  Overtime is payment of 1.5 times your normal hourly rate for each hour you work over 40 on a given week (you do not get overtime merely because you work 12 hours in a given day; you must work more than 40 in a given week). Employers who are caught failing to pay overtime to their employees must pay their employees twice the amount of overtime they earned but were not paid! 

I am Paid a Salary, So I Guess that Automatically Means I Am Not Entitled to Overtime, Right?  That is categorically untrue!  In fact, this (paying non-exempt employees a salary) is one of the most common tactics utilized by employers to avoid paid non-exempt employees overtime wages to which they are entitled.  Click Here for more information on this issue. 

How do I Figure my Hourly Rate if I am Paid a Salary?  You simply take your gross weekly pay rate and divide by 40.

Suppose I am Paid "Straight Time" for any Hours I work in Excess of 40 in a Week?  If you are entitled to overtime, that is a violation of state and federal law.  You must be paid 1.5 times your hourly rate.

Can They Fire Me in Retaliation if I Demand Overtime?  They can, but if they do so, they would be violating state and federal law.  Under Federal law (the Fair Labor Standards Act), if they fire you because you have demanded overtime, thereby causing you to lose wages, then the employer must pay you twice the amount of your lost wages if you win your lawsuit!. 

Labor Law Firm in Philadelphia Area Handling Overtime Claims for Residents of Montgomery County, Chester County and Delaware County, Pennsylvania

Please use the Search Box in the upper right hand of this Blog for additional Blogs concerning overtime, and check out our Video discussing overtime as well.  We handle overtime claims on a contingent fee basis; that we do not get paid for prosecuting your overtime claim unless we win, so please do not hesitate to call for a free telephone consultation if you believe you may have a claim.

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Can I Get Overtime if I am on a Salary in Pennsylvania?

Attorney Specializing in Employment Law Representing Employees in Communities Such as Malvern, Exton, Paoli, Downingtown, Phoenixville, Collegeville, Lionville, Royersford, Oaks, Lansdale, Ambler, Blue Bell, Chestnut Hill and Plymouth Whitemarsh

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

For a more comprehensive discussion of overtime laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Paoli, Exton, King of Prussia, Radnor, Plymouth Meeting and Philadelphia

Just because you are paid a salary does not mean that you are exempt, this is, ineligible, from receiving overtime.  In fact, many employers try to avoid paying overtime by putting non-exempt (i.e. eligible) employees on a salary.  Since most people believe that, if they receive a salary they are ineligible from getting overtime, this tactic has the effect of "tricking" employees to avoid paying them that which they are due. 

Here are two common ploys that we see: 1) the employer switches the employee between salary and hourly, paying the employee hourly when business is slow, and salary when business is good, and the employee is required to work well in excess of 40 hours per week; 2) "promoting" an hourly employee to a salaried position, while by and large not changing the employees work responsibilities.

What Should I Do If I Believe I am Owed Overtime in Pennsylvania?

You probably want to seek counsel.  If you want to go it alone, then you should put your complaint in writing.  If the employer retaliates against you by demoting you, failing to promote you or firing you, you would have a claim for illegal discharge under the Fair Labor Standards Act. You may also want to check out our Video on Overtime.

How Long Do I have to Bring a Lawsuit for Overtime in Pennsylvania?

Two years for unintentional violations, and 3 years for intentional violations.  That means that for each day beyond those time periods you wait, you lose a possible claim for overtime.

If you believe you have been denied overtime pay to which you are entitled, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article 40 hours / consultation / exempt / hourly / John Gallagher / lawsuit / non-exempt / overtime / Pennsylvania / rights / salary / violations with the title rights. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/can-i-get-overtime-if-i-am-on-salary-in.html. Thanks!

Philadelphia Area Employment Law Firm

Employment Lawyers Representing Employees in Communities Such as Paoli, Exton, Malvern, Phoenixville, Downingtown, Chadds Ford, Media, Broomall, Springfield, Wayne, Lansdale, Souderton, Blue Bell, Ardmore, Reading and Lancaster

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Employment Lawyetr to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

Recently , we have uploaded some videos on YouTube to provide employees with answers to frequently asked questions. Although these videos are not intended to consuitute legal advice from me to you, they hopefully will help you achieve a better understanding of the way employment law works. In this way, you will be better able to assert and protect your right to work. Here are links to 3 videos you may want to check out:

What is Sexual Harassment and What Can I Do About It?

7 Things to Know About Unemployment in Pennsylvania

What Are My Rights Under the Family and Medical Leave Act in Pennsylvania?

Also, to find out more about commonloy asked employment law questions, use the Search tool on this Blog.

Contingent Fee Labor Lawyer in Philadelphia Area With Offices in Paoli (Main Office), King of Prussia, Radnor, Plymouth Meeting, Exton and Center City

If you believe you have been the victim of a wrongful termination, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article Attorney / claim / discrimination / Employment / Exton / John A. Gallagher / law suits / representation / retaliation / rights / Springfield / wrongful termination with the title rights. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-area-employment-law-firm.html. Thanks!

Philadelphia Employment Law Firm Representing Employees Who Are Owed Wages

Law Firm  Representing Employees in Chester County, Delaware County and Montgomery County, Pennsylvania Who Are Owed Back Wages on a Contingent Fee Basis

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Contingent Fee Employment Attorney to help you assert your rights under state and federal wage laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

How Does a Contingent Fee Agreement Work?

We don't charge you any legal fees or costs unless we win your case. If we win your case, we take a percentgae of your winnings. The contingent fee precentages vary from matter to matter.

What Types of Wage Claims Do We Handle on a Contingent Fee?

We handle overtime claims based upon the federal Fair Labor Standards Act or Pennsylvania's Minimum Wage Act.  We also take cases for employees who are owed wages (hourly or salary), vacation pay, bonuses or severance on a contingent fee.

Pennsylvania Contingent Fee Employment Law Firm in Philadelphia Area With Offices in King of Prussia, Radnor, Plymouth Meeting, Exton, Center City and Paoli (Main Office).

State and federal laws are very strict when it comes to protecting the rights of employees to compensation thay are rightfully due.  If you believe your employer owes you wages, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania.

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Why Is My Employer Asking Me to Sign a Release of Claims?

Employment Law Firm Near Philadelphia With Offices in Paoli, Radnor, Exton, Plymouth Meeting and King of Prussia

Visit http://www.johnagallagher.com/.


What is a the Effect of a General Release in Pennsylvania?

A General Release is a provision wherein you agree that, in exchange for some consideration (payment of money, usually), you will not in the future sue the employer for any conduct it engaged in prior to the date you sign the Release (i.e. discrimination, failure to pay you money you are owed, etc.)  A Release is binding upon you, and will in nearly all cases completely eliminate any right you would have to sue your employer for illegal employment practices you believe it engaged in prior to the date you sign the Release.  Also, by signing a Release, you are giving up the right to collect any money you believe you are owed except for any money you are promised in the Release.

Why Is My Former Employer Asking Me to Sign a Release?

Employers usually "bury" the Release provision in a Separation Agreement.  For you, the key to that Separation Agreement is the severance and benefits you are offered (i.e. medical coverage).  For the employer, the key is the Release. 

Employers want you to sign a Release after you have been terminated so that they will not have to worry about you later filing a lawsuit claiming that you were terminated illegally.  Companies typically offer severance and some other benefits in exchange for this Release.  If you sign the Release you will lose any and all rights you may have had to sue your employer for discrimination, wrongful termination, unpaid wages, commissions or bonuses, overtime, etc. 

Given that most companies only offer between 2 weeks and 3 months of severance to the average employee (and if you are getting 3 months you are doing reasonably well), and given that a good employment-based lawsuit can generate a year or more of salary and benefits, you should think carefully before signing a Release contained within a Separation Agreement.

One  favorite trick of companies is to include as "severance" an amount of money that is equal to what they already owe you under the law (such as accrued vacation pay, bonuses/commissions, pay for people who were fired without the amount of notice required in their employment agreement, etc.). 

Another trick companies use to get you to sign the Release is to agree that they won't fight your unemployment case.  That is what I call a promise without value.  If you are being offered severance, then you probably did not engage in willful misconduct, so you are going to get unemployment anyway.  Thanks for nothing!

What really chaps me the most, though, is when companies offer a meager severance, and ask for a Release, when they know they owe you a lot more in overtime or commissions they did not pay to you.

Philadelphia Employment Attorney representing Employees in Towns such as Malvern, Royersford, Blue Bell, Devon, Berwyn, Narberth, Bala Cynwyd, Bryn Mawr, Broomall, Lawrence Park and Aston

Separation Agreements always contain Releases, and Releases are always upheld by Courts.  If you have any question about whether you may be sacrificing important rights by signing a Release, you should really consider hiring a labor lawyer.  On many occasions, I have sat down with recently terminated people and told them something that they didn't know - that their rights under Federal statutes such as FMLA, FLSA, ADA and ADEA had likely been violated, and that signing away their rights to prosecute their claims for $700 was probably not a good idea!

When I spot a problem, and renegotiate a severance deal, I do so on a contingent fee basis - that means you pay us nothing unless you receive a better severance offer, and only a percentage of what we are able to negotiate above what you were initially offered.  Now, that's a fair deal!

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