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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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.

You have read this article Chester County / employees / John A. Gallagher / Law Firm / minimum wage / rights / state court / wages with the title wages. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-employment-law-firm.html. Thanks!

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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