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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Job Stress? How the Family and Medical Leave Act Can Help

The Family and Medical Leave Act (“FMLA”) protects employees who work more than 25 hours per week for companies that have more than 50 employees. To be eligible for FMLA Leave, you must have worked for the company for at least 12 months.

Pennsylvania Medical Leave Attorney Serving Phoenixville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Under FMLA, you are entitled to 12 weeks of unpaid leave per year  for your own serious health condition, a close family member’s serious health condition, if you are in the late stages of pregnancy or to care for a newborn child (whether you are the mother or the father). Although FMLA leave is unpaid, you are virtually guaranteed full job reinstatement upon your return to the company.

FMLA leave may be the most effective tool I know to combat work-related stress.  If a physician will certify that your condition requires you to take some time off of work, then you are eligible for FMLA leave with a right to full job reinstatement.  Once on FMLA leave for your own serious health condition, you may apply for short term disability benefits.  Also, you can take your vacation pay and sick pay to help you deal with the financial impact of unpaid FMLA leave.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Telephone Consultations for Family Leave Issues

If you are injured at work, in an accident or dealing with your own ongoing medical issue, or that of your spouse or child, you may be eligible for Family Leave. While the leave is unpaid, you can supplement your income via disability pay or other job-related benefits.  While you are away, the company will have to deal with the stress of your absence, while you may enjoy some quiet time at home to recharge your batteries, and consider your future employment options.

Questions? Call 610-647-5027 or e-mail me directly.  We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.  You can also check out our Website at http://www.johnagallagher.com/.

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