Pennsylvania Overtime Laws
Any employee paid hourly must be paid overtime. Most employers try to get around overtime laws by paying employees a salary. Even if you are a salaried employee, you are still entitled to be paid overtime unless you are considered exempt from overtime.Â All non-exempt employees must be paid overtime if they work over 40 hours in a work week.
Generally, there are three classes of employees who are properly classified as exempt from overtime. Overtime is not required to be paid for any employee who is a bona-fide executive, administrative, or professional employee.
While most people think that overtime laws generally only apply to jobs requiring manual labor, “white collar” jobs can often times be protected by overtime laws. For example, nurses and paralegals are entitled to overtime although they otherwise would be considered a professional employee.
In order to be exempt from overtime as an executive, administrative, or professional employee, the employee must be paid a minimum weekly salary of $455 ($23,600 annually). If an employee is not exempt from overtime laws, the employee must be paid 1.5 times their regular hourly rate for all hours worked in excess of 40 hours.
You must also be mindful that Federal overtime law, the Fair Labor Standards Act (FSLA), does not apply to all employers. An employer must have $500,000 in gross annual sales to be required to pay overtime.
Overtime claims must be filed within two years under Federal law (three years for intentional violations), while overtime can be collected in Pennsylvania for three years.Â Further, employers are not permitted to limit the amount of overtime an employee works.
Executive Employees – If you have a full-time position managing two or more employees, you may be classified as an executive employee.
Administrative Employees – If you perform non-manual work related to business operations and use discretion and independent judgment regarding matters of significance, you may be classified as an administrative employee. Examples include office managers and human resources personnel. This exemption typically does not apply to clerks, cashiers, and secretaries.
Professional Employee – If your primary duties require advanced knowledge and extensive education, you may be classified as a professional employee. This exemption applies to attorneys and accountants, but not accounting clerks or bookkeepers.
Pursuing an Overtime Claim
If you believed you are owed overtime, please contact me at (484) 362-9286 to discuss your case. It is illegal to retaliate against an employee for asking for their overtime pay, contacting an attorney, or filing a claim for overtime. We regularly handle overtime cases and look forward to serving you. Our office is located in Bethlehem, PA , and we are happy to serve clients throughout Pennsylvania.