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Unpaid Overtime? Our Law Firm In Pennsylvania Can Help

Are you being paid correctly for your hard work? Every day, hundreds of thousands of employees lose out on their hard-earned wages from overtime violations. You deserve to be compensated fairly for your labor.

  • You may be entitled to double your back wages
  • Learn more in a free legal consultation
  • You owe us nothing until we secure compensation

Lawyers For Unpaid Overtime In PA

Don’t wait to protect your rights. Find more information now in a free, confidential consultation with our experienced workmans comp lawyers today. We can help you fight back.

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"Our attorneys fight every day on behalf of hard-working employees who have been stolen from." - David Petrone, Esq.
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Are you being paid fairly for your work? Every day, millions of hard-working Americans are cheated out of their earned wages by unscrupulous managers and business owners. Despite strong federal laws to protect the wages you’ve earned, wage and hour violations are shockingly common, stealing millions of dollars from workers every year.

Can You Sue For Not Being Paid Overtime?

You can fight back. If your wages are being stolen away, you have powerful legal rights. Your right to a fair day’s pay is protected by state and federal law.

These laws allow you to pursue back wages and financial compensation if you have been affected by a wage and hour violation. If your employer is cheating you, you can sue them for compensation.

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Office Worker Unpaid Overtime Lawyers In Pennsylvania

The FLSA Governs Minimum Wage & Overtime

Whether it’s a mistake or intentional, wage and hour violations are against the law. The Fair Labor Standards Act is the main federal law governing wage and hour regulations in the United States. Among other things, the Fair Labor Standards Act, or FLSA, guarantees the vast majority of American workers the minimum wage, currently set at $7.25 per hour. With few exceptions, every worker in the US is entitled to at least $7.25 for each hour of work.

The Fair Labor Standards Act also governs overtime wages in America. In America, overtime wages should be calculated as one-and-a-half times your normal rate of pay. Thus, if you usually make $12 an hour, your overtime wage should be $18 an hour. Overtime wages must be paid for all hours worked over 40 in a single workweek. That’s an important point – overtime is calculated on a weekly basis, not a daily basis.

Employers who break provisions of the Fair Labor Standards Act can be held accountable. The Fair Labor Standards Act grants you the power to pursue the money you are owed by filing a private civil lawsuit on your own behalf. In most cases, pursuing legal action is the only way that workers can regain what they’ve lost out on to wage violations.

Unpaid Overtime Settlements Are Possible

It should be clear at this point that the Fair Labor Standards Act provides rigorous protections for employees and rigorous standards for employers. In a perfect world, the strong protections of the FLSA would guarantee that every worker in America receives fair compensation for their labor. The reality, of course, is very different. Every day, hundreds of thousands of workers lose out on their hard-earned pay to wage and hour violations.

You can fight back. The FLSA provides you with an avenue of legal recourse if your employer is stealing from you. You may be eligible to pursue a private civil lawsuit against your employer, demanding accountability and back wages. This is your right as an American worker.

To learn more about your specific legal options given your individual circumstances, contact our experienced legal team today for a free, confidential consultation. We value your privacy. Everything you say to us will be maintained in the strictest of confidence.

The information we provide in a case review comes at no cost to you, and while we share general information regarding labor laws in the below section, consulting with our experienced attorneys may be the only way to know the specific options available to you.

Can I Be Paid Overtime Wages?

Most American employees are covered under the protections of the Fair Labor Standards Act. Some jobs are excluded from overtime protections through explicit provisions of the FLSA, while other jobs are excluded because they are covered by different labor laws.

Not all workers covered by the Fair Labor Standards Act are entitled to overtime. Every worker whose job is covered by the FLSA is classified as either “exempt” or “non-exempt”; employees classified as exempt are not entitled to overtime pay, no matter how many hours they work in a single week.

White-Collar Exemptions

Are you covered by the FLSA’s overtime protections? In most cases, that question comes down to the following three criteria. Note from the outset that you must meet all three of these criteria to be considered exempt. If you only meet two of the criteria, but not the third, you are likely entitled to overtime.

  1. How much money you make – workers may be exempt who make at least $23,600 per year
  2. How you get paid – workers may be exempt who get paid a salary, a minimum amount of compensation guaranteed every week, regardless of how much you actually work
  3. Your job duties – workers may be exempt who perform the duties of an “executive,” “professional” or “administrator”

These are known as white-collar exemptions. To be exempt from the FLSA’s overtime provisions under one of the white-collar exemptions, you must fulfill job duties that can be classified as “executive,” “professional” or “administrative.”


In most cases, executives have a higher level of discretionary power than other employees. Their responsibilities often have a large impact on the quality of the workplace and the success of the business. To qualify as an executive, you must:

  • routinely supervise two or more employees
  • management is defined as the primary task of your employment
  • have some constructive input on personnel decisions, including hiring and firing


For the purposes of FLSA exemption status, teachers, physicians, lawyers, pharmacists, members of the clergy, engineers, architects, scientists and actuaries are all considered “professionals” under the law. Many creative employees, including actors, writers and musicians, are also considered to be professionals.

To qualify as a professional (or “learned professional”), you must:

  • perform traditionally intellectual work
  • perform work that requires advanced knowledge in a subject or field (in general, courts use the achievement of advanced degrees as a yardstick for this requirement)


Administrative employees serve as the engine that moves business operations. Examples include human resources employees, accountants, marketers, public relations workers, and network administrators. To qualify as an administrative employee, you must:

  • perform “non-manual” office labor
  • perform work that directly relates to the general business operations of a business or its management
  • exercise “independent judgment” on matters of significance

No matter which of these three categories you fall into, what you do at work is more important than what you’re called. Job titles don’t really matter much. As one example, a cashier who has been promoted to “store manager,” but has no impact on personnel decisions and spends most of their time at the cash register, would not be considered an “executive.”

Employee Misclassification

Employee misclassification is almost certainly the most common wage and hour violation in America. Thousands of employees are misclassified as exempt “white collar” workers, even though they don’t fit the accurate definition. Sometimes, businesses make legitimate mistakes, accidentally classifying non-exempt workers as “executives,” “professionals” or administrators. In other cases, this is an intentional scheme to circumvent overtime laws.

Exceptions To The Minimum Wage

In most cases, American workers are entitled to a minimum wage of at least $7.25 per hour for their work. As we’ve seen, many states have passed higher minimum wages, and you are always entitled to the higher of the two wages. There are, however, exceptions to these rules.

Tipped Employees

Employees who regularly make over $30 per month in tips are considered “tipped” employees by the US Labor Department’s Wage & Hour Division. In most states, employers are permitted to take a “tip credit” in paying tipped employees, reducing the cash wage paid to a tipped worker in accordance with the number of tips the employee received.

Under federal law, the lowest cash wage you can be paid as a tipped employee is $2.13 per hour. But here’s the trick – your cash wage and hourly tip rate must always add up to at least the federal minimum wage, $7.25 per hour. Note again that each state will have its own law on this subject, so your own tipped wage situation may be different.

Youth Minimum Wage

The FLSA outlines specific regulations for workers under the age of 20. In most cases, employers are allowed to pay these young employees a lower wage, $4.25 per hour, but only for a limited amount of time. After 90 calendar days, employers are required to pay youth employees the full federal minimum wage or the applicable state minimum wage. If an employee turns 20 at some point during the 90-day period, their wage must be increased immediately upon the change of age.

More Information

For additional resources on the injury cases our law firm handles, visit our latest page: Social Security Disability Lawyers Representing Pennsylvania Workers

Can Tipped Employees in PA Sue for Unpaid Overtime
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Our Local Unpaid Overtime Law Offices in Pennsylvania

Justice Guardians
1067 Mansion Lane
Garnet Valley, PA 19060
VG7G+PF Garnet Valley, Pennsylvania
Phone: (610) 549-4218
Unpaid Overtime Lawyer Garnet Valley
Justice Guardians
630 Fairview Rd #104
Swarthmore, PA 19081
VJRW+GX Swarthmore, Pennsylvania
Phone: (484) 229-7624
Unpaid Overtime Lawyer Swarthmore
Justice Guardians
495 Thomas Jones Way #304-C
Exton, PA 19341
28FW+6M Exton, Pennsylvania
Phone: (484) 214-4985
Unpaid Overtime Lawyer Exton
Justice Guardians
1142 Hamilton St #102
Allentown, PA 18102
HGX9+QF Allentown, Pennsylvania
Phone: (610) 596-9369
Unpaid Overtime Lawyer Allentown
Justice Guardians
3301 Ryan Ave
Philadelphia, PA 19136
2XR4+4R Philadelphia, Pennsylvania
Phone: (267) 332-1769
Unpaid Overtime Lawyer Northeast Philly
Justice Guardians
3400 Aramingo Ave
Philadelphia, PA 19134
XVRX+XF Philadelphia, Pennsylvania
Phone: (267) 277-2890
Unpaid Overtime Lawyer Kensington Philly
Justice Guardians
352 Church Ln
Philadelphia, PA 19144
2RQM+45 Philadelphia, Pennsylvania
Phone: (445) 200-5285
Unpaid Overtime Lawyer Germantown
Justice Guardians
5327 Walnut St #201
Philadelphia, PA 19139
XQ5C+2H Philadelphia, Pennsylvania
Phone: (267) 313-5200
Unpaid Overtime Lawyer West Philly
Justice Guardians
8232 West Chester Pike #101
Upper Darby, PA 19082
XP89+6Q Philadelphia, Pennsylvania
Phone: (610) 596-1069
Unpaid Overtime Lawyer Upper Darby
Justice Guardians
6720 Old York Rd #102
Philadelphia, PA 19126
3V45+8Q Philadelphia, Pennsylvania
Phone: (267) 930-6969
Unpaid Overtime Lawyer West Oak Lane
Justice Guardians
107 E Main St #309
Norristown, PA 19401
4M75+F6 Norristown, Pennsylvania
Phone: (610) 596-8007
Unpaid Overtime Lawyer Norristown
Justice Guardians
7708 City Ave #208-A
Philadelphia, PA 19151
XPGG+VM Philadelphia, Pennsylvania
Phone: (484) 414-7404
Unpaid Overtime Lawyer Overbrook Park
Justice Guardians
2 Industrial Blvd #210-B
Paoli, PA 19301
2GV2+8Q Paoli, Pennsylvania
Phone: (484) 214-5070
Unpaid Overtime Lawyer Paoli
Justice Guardians
100 Presidential Blvd #104
Bala Cynwd, PA 19004
2Q6P+HP Bala Cynwyd, Pennsylvania
Phone: (610) 424-2007
Unpaid Overtime Lawyer Bala Cynwyd
Justice Guardians
105 Westtown Rd #A
West Chester, PA 19382
XC75+PR West Chester, Pennsylvania
Phone: (484) 261-8700
Unpaid Overtime Lawyer West Chester
Justice Guardians
661 Bristol Pike #101
Bensalem, PA 19020
328F+26 Bensalem, Pennsylvania
Phone: (267) 293-5585
Unpaid Overtime Lawyer Bensalem
Justice Guardians
817 Linden St #103
Bethlehem, PA 18018
JJGH+6P Bethlehem, Pennsylvania
Phone: (610) 403-9675
Unpaid Overtime Lawyer Bethlehem
Justice Guardians
3501 Masons Mill Rd #501-B
Hatboro, PA 19040
5W5F+92 Hatboro, Pennsylvania
Phone: (267) 376-3820
Unpaid Overtime Lawyer Hatboro
Justice Guardians
815 Greenwood Ave #22-A
Jenkintown, PA 19046
3VWG+24 Jenkintown, Pennsylvania
Phone: (814) 305-9007
Unpaid Overtime Lawyer Jenkintown
Justice Guardians
15260 Kutztown Rd
Kutztown, PA 19530
G6HP+94 Kutztown, Pennsylvania
Phone: (610) 465-1080
Unpaid Overtime Lawyer Kutztown
Justice Guardians
940 Town Center Dr Suite F- 50B
Langhorne, PA 19047
54QC+CX Langhorne, Pennsylvania
Phone: (267) 329-0702
Unpaid Overtime Lawyer Langhorne
Justice Guardians
3545 Rhoads Ave #103
Newtown Square, PA 19073
XJQ2+5X Newtown Square, Pennsylvania
Phone: (267) 360-6269
Unpaid Overtime Lawyer Newtown Square
Justice Guardians
925 E High St #101
Pottstown, PA 19464
69V9+MR Pottstown, Pennsylvania
Phone: (267) 308-4988
Unpaid Overtime Lawyer Pottstown
Justice Guardians
400 Washington St #307
Reading, PA 19601
83PC+J8 Reading, Pennsylvania
Phone: (610) 589-0900
Unpaid Overtime Lawyer Reading
Justice Guardians
1515 Market St suite 825-A
Philadelphia, PA 19102

Phone: (215) 974-6376
Unpaid Overtime Lawyer Philadelphia
Justice Guardians
1000 Integrity Dr #100A
Pittsburgh, PA 15235
F55G+94 Pittsburgh, Pennsylvania
Phone: (412) 467-6900
Unpaid Overtime Lawyer Penn Hills Pittsburgh
Justice Guardians
300 Mt Lebanon Blvd Suite 2220
Pittsburgh, PA 15234
Phone: (412) 541-4300
Unpaid Overtime Lawyer Mt. Lebanon Pittsburgh
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This website is sponsored by Justice Guardians, LLC. We have offices in Pennsylvania with attorneys licensed to practice law in the Commonwealth of Pennsylvania. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases and while this firm maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
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