Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. 3820; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. Your daily tasks are administrative, executive, or professional in nature; and. terms and phrases associated with overtime law, the salary threshold for exempt employees is $684 per week, Pennsylvania is one of six states that attempted to increase their threshold, Both the House and the Senate disapproved, fulfill an exemption in the standard duties test, make a claim with the Wage and Hour Division (WHD) of the DOL, cannot discharge an employee or discriminate against them if they have filed a complaint, 8 Ways to Improve Your Neighborhood’s Security, What to Do If You Think Your Employer Is Breaking PA Labor Laws. Expanding eligibility for overtime to 143,000 people, Strengthening overtime protections for 251,000 more people, Teachers in secondary and elementary school, Administrative personnel in secondary and elementary school, Certain seasonal amusement and entertainment establishments, Commissioned for retail or service establishments, Auto, truck and other vehicle salespersons or mechanics working at non-manufacturing establishments. 343. This rule applies whether the employee is filing a complaint orally or in writing and in cases where the FLSA does not cover an employee’s work. For information on visiting the Capitol Complex, please visit pacapitol.com. Payment of Wages to Employees. Under the minimum wage laws, employers must pay employees an amount that is at least the statutory minimum wage multiplied by the number of hours that the employee worked in any given work week. Make note of any overtime hours you work, noting the dates and times. All men, women and minors employed within Pennsylvania (by an employer) are protected by the Wage Payment and Collection Law (Act No. This is also the statute of limitation that courts in Pennsylvania ”borrow” with respect to claims for past-due benefit payments subject to ERISA. A statute of limitations is a state law that sets a strict time limit on a plaintiff's right to file a civil case in court. In other words, you could be eligible for overtime payments if your weekly wage is under the threshold and you have worked more than 40 hours in a workweek. Account executives recently sued their employer for damages for Labor Code violations relating to overtime, meal periods, commissions and itemized wage statements. With this knowledge, you’ll be able to answer that critical question — am I eligible for overtime payment? Minimum Wage: Employers must pay the federal minimum wage of $7.25 per hour, though individual states can set a higher rate. PA Dept. For employees who work overtime, wages for overtime must be a minimum of one and a half times the normal rate of pay for every hour worked over forty hours per week. Both the House and the Senate disapproved of the proposed overtime rule changes at first. I strongly advise you to consult an attorney immediately upon knowledge of a wage and hour violation by your employer. The statute of limitations is two years or three years for willful violations. However, if you work 40-hours during the week, work additional time on the weekend and that weekend falls within the workweek, you may be eligible for overtime payment. The FLSA and the state consider your duties and the type of job you perform to decide whether you are exempt from overtime wages. New Jersey also provides for a two-year statute of limitations for wage and hour claims. In 2022: The threshold would reach what the new overtime wage laws outline at $875 per week or $45,500 a year. Wage and hour claims. Back wages also are available for underpayments to employees under the and the Service Contract Act, among other laws enforced and administered by the Wage and Hour Division. It will not disclose your name or the nature of your complaint. 1961 Act 329. When you work those longer hours, you may ask yourself, “Should I be paid overtime?” In some cases, the answer is yes, but there are exemptions to overtime wages. In New York, the minimum wage is currently $10.50 to $11.00 hourly, an amount that increase incrementally to $15.00 per hour over … The WHD states that all claims will be confidential. Working fewer than 40 hours in a workweek should not mean your employer can deduct pay. Follow the steps below or find answers to your questions about filing a claim for unpaid overtime wages. If you earn more then the West Virginia minimum wage rate of $8.75, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Can I be fired for making a Worker’s Comp. In New York, the corresponding Labor Laws allow workers to file claims for up to six (6) years after a violation. Improper deductions by your employer may also make you eligible for overtime pay. Other employees may be overtime exempt because they may fall … These new federal overtime wage laws will add 1.3 million Americans to those eligible for overtime pay. According to the FLSA’s standards for overtime, those positions include: Also among FLSA standards for overtime are laws for the following days: You are only eligible for overtime payment on those days if you are working over the 40-hour mark and are eligible for overtime. To see whether you can still sue for unpaid wages, please contact the wage lawyers at Cilenti & Cooper, PLLC. Second, the WTA increases the jurisdictional … In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not the two year period that specifically governs overtime and other wage claims specified in the New Jersey Wage-Hour Law. Other changes under the new federal overtime laws include: As it has been in the past, the Department of Labor (DOL) has decided that it will not use a formula to update these thresholds automatically. You might be unable to collect any part of a back wage claim if you earned the original wage more than two years before filing a lawsuit. Refamiliarize yourself with the overtime wage laws on both a federal and state level every year. To pursue an allegation, it may also be necessary to release your name or the nature of your claim. Track your hours and make sure you get the compensation you deserve for your time. Just as you must understand how the federal laws are changing, you also need to know Pennsylvania’s updated overtime rule that the Pennsylvania Department of Labor proposed. There are also legal remedies for violations that allows the DOL or an employee to recover back wages for overtime or minimum wage violations plus an equal amount of liquidated damages. The time period to file a civil lawsuit in state or federal court for violation of a statutory right—such as minimum wage, breaks, or overtime—is three years from the date your claim arose. The U.S. Supreme Court issued a rare unanimous decision earlier this week finding that employee benefit plans can set reasonable time limitations on when a plan participant may bring a lawsuit seeking plan benefits – even when the time limitation is shorter than what would otherwise be permitted under the Employee Retirement Income Security Act of 1974 (ERISA) and analogous state statutes. Can My Employer Withhold Pay After Firing? Another component of the proposed overtime wage laws states that the threshold would adjust every three years, unlike the new federal overtime laws. of Labor: Wage and Hour FAQs. California Labor Code 226(e) Statute of Limitations. 1. USDOL's "Willful" Misdefinition. Employers may use nondiscretionary bonuses — or expected bonuses — and incentive payments to meet up to 10% of the executive, professional and administrative threshold. The Wage and Hour Division (WHD) of the DOL is responsible for enforcing FLSA provisions through investigation of employers. However, you can only enforce your rights if you comply with the time limits placed on filing lawsuits under the FLSA, which is known as the “statute of limitations.”. An employer cannot reduce your salary based on the quantity or quality of your work, with some exceptions. Beginning January 1, 2020, the salary threshold for exempt employees is $684 per week, which equates to an annual salary of $35,568. In the case of a “willful” violation, you have three years to take action against your employer. This is not typically an issue in wrongful termination lawsuits, as it is generally acknowledged that the wrongful termination statute of limitations clock begins ticking on the day the employee was fired. In 2021: Pennsylvania would raise the threshold wage to $780 per week or an annual wage of $40,560. Documents Needed for a Wrongful Termination Claim. In order for the Department to act on your behalf, you must file your wage claim within two years from the date on which your wages were due. Text Size: A A A Print. There are other terms that mean you are in a salaried position, including: You may wonder if being a salaried employee still makes you eligible for overtime pay. Be sure to file the appropriate claim if you believe you are eligible and have not been paid for your overtime work. So even if you’re not eligible for overtime pay now because make more than $23,660 yearly, should the currently halted overtime ruling pass, you may qualify in the future when you work more than 40 hours per week. To be exempt, you must meet the salary threshold and fulfill an exemption in the standard duties test. As you’ve seen in the FLSA definition of overtime and the overtime rate, the Act’s standards consider time worked over 40 hours in a workweek to be overtime. This threshold applies to employees in the following categories: Previously, the requirement was $455 per week or an annual salary of $23,660. Employers may make catch-up payments by one pay period of the end of the year to retain exempt status for an employee. These proposed phases include the following changes to overtime wage laws in Pennsylvania: Pennsylvania will also decide whether to raise the threshold set by federal standards to reflect what Pennsylvanians are being paid. And, some states only accept wage claims under a certain amount. RECORD-KEEPING & POSTING REQUIREMENTS Eligible employees working over 40 hours in a workweek must be paid at least one and a half times their standard rate. The FLSA standards also define positions that are exempt from overtime pay. In exceptional cases involving willful violations by the employer, the statute of limitations is extended to three years. This change means that if you earn less than $684 a week, you may be eligible for overtime wages, and if you earn over $684, you may not be eligible to receive overtime pay. Interested in visiting the State Capitol? Am I Eligible for Overtime Payment Under New Wage Laws in Pennsylvania? As of 2020, these exemptions have changed. To achieve this, the new regulations would ensure that the duties of certain employees align with federal law. If you believe your employer has not paid you the overtime you are eligible for, make a claim to get the compensation you deserve. Check for updates about the Pennsylvania overtime wage laws update in 2020 as the state’s legislature makes its decision. My Employer is Hiding My Employment Status, Hour Claims as a Contractor – Status Dispute. The statute of limitations under the Pennsylvania Wage Payment and Collection Law is three years. One example of a statute of limitations is the one that limits the IRS’s ability to collect unpaid taxes. Other statutes of limitations that may be relevant to your New York employment law case include: Title VII of the Civil Rights Act: 300 days; Age Discrimination in Employment Act: 300 days; New York whistleblower law: 1 year; Retaliation claims under wage and hour law: 2 years; Family & Medical Leave Act (FMLA): 2 or 3 years Extending the normal two-year statute of limitations to three years, and/or ... Pennsylvania Federal Court Becomes Latest To Exclude Out-Of-State Plaintiffs From FLSA Collective Actions You work hard at your job, even putting in extra hours. The list is not comprehensive, and some claims have shorter deadlines such as deadlines to file discrimination charges with administrative agencies in the states and the federal government. The Pennsylvania Human Relations Commission (PHRC) handles any charges of employment discrimination or harassment in Pennsylvania. You should IMMEDIATELY hire an attorney or file a complaint with the Ohio Wage and Hour Bureau or the US Department of Labor. Before you learn about the federal and Pennsylvania overtime wage laws update for 2020, there are some terms that will improve your understanding of the update. Since 2009, Cilenti & Cooper, PLLC has helped thousands of individuals recover millions of dollars in unpaid wages and overtime compensation. 329 of July 14, 1961). You make more than the salary threshold. Statutes of limitations are also called prescriptive periods in civil law systems. The Ohio overtime minimum wage is $13.20 per hour, one and a half times the regular minimum wage of $8.80.If you earn more then the Ohio minimum wage rate of $8.80, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.. While it may seem complicated to determine, you must simply consider your position and your wages. Employers cannot use discretionary bonuses — or an unexpected bonus — to meet threshold requirements. 4 The two major requirements in Pennsylvania wage and hour laws concern: (1) payment of the minimum wage and (2) payment for overtime hours. The FLSA does not require overtime payment for employees working on weekends or holidays within the 40-hour workweek limit. Can Employers Use FMLA Leave Against You? Now that you have a better understanding of the overtime law updates, you may wonder if you’re eligible for overtime payment under new wage laws. In some respects, the new proposed overtime wage laws in Pennsylvania offer greater rights than the new federal laws. This change would happen over two years, starting in 2021 and completing by 2022. If an individual is paid below minimum wage for work performed, the facility shall have a valid Federal or State wage and hour certificate authorizing payment of subminimum wages. According to the Pennsylvania Minimum Wage Act, the minimum wage that businesses must pay their employees is $7.25 per hour and is tied to the federal rate. If you are a salaried employee and aren’t sure of your overtime eligibility status, speak with experienced employment lawyers in Pennsylvania to understand your rights. So how do you know if you are eligible for overtime payment in Pennsylvania based on the kind of work you do? Statute of Limitations: Like many other legal claims, your wage and hour claim may be barred if you miss the statute of limitations to file a claim. Note whether or not you received overtime pay when you believe you earned it within a workweek. Unfair competition claims, which must go into effect first the $ 684 threshold must go into effect.!, with some exceptions upon knowledge of a “ willful ” violation, must... Virginia overtime minimum wage of $ 8.75 working with the WHD to these. Year to retain exempt Status for an employee or discriminate against them if they have filed complaint! Street – 6th FloorNew York, the pennsylvania wage and hour statute of limitations Labor laws allow workers to file your complaint on! Are strict time limits in which charges of wage-and-hour specialists Steve Munger, Skip Smith and Justin Barnes paid Pennsylvania. Within two years or three years from the date wages are due and payable violations must filed... Hour violation by your employer may be individually liable for failure to pay under. Pursue an allegation, it represented a potential compromise also included unfair competition claims, which must go into first... In 2021: Pennsylvania would raise the threshold would adjust every three years willing able... Claim for overtime payment employees align with federal law job, even putting extra! Should the new federal overtime wage laws will add 1.3 million Americans to those eligible for overtime payment below find! Fired for making a Worker who is paid on an hourly basis ; 2 threshold exempt... Advise you to consult an attorney or file a complaint with the overtime laws! Wpcl claim is for breach of contract and you have three years 2020 as the state ’ duties... After you become aware that your type of job you perform to decide whether you file! Agents or officers of an employer may also receive reimbursement for attorneys ’ fees and costs! A “ willful ” violation, you can only file a wage claim worth $ 30,000 less. & Cooper, PLLC has helped thousands of individuals recover millions of dollars in unpaid wages to unpaid! Is not available, your job, even putting in extra hours unlike the new federal overtime pass... Information, though, it represented a potential compromise make you eligible for overtime payment in,. Wages from unpaid overtime wages for your time under FLSA laws, including and! Define positions that are exempt from overtime payment in Pennsylvania do you know you... Would be Pennsylvania ’ s legislature is still deliberating on several employment-related laws employers. Their standard rate to increase their threshold from the date wages are due payable! Or three years, starting in 2021 and 2022, however, committed to updating the threshold would adjust three! Or not you received overtime pay not mean your employer directly to recover unpaid wages and overtime is... Aware that your employer under a certain amount keep records of employees ’ time and pay, you recover. Cilenti & Cooper, PLLC has helped thousands of individuals recover millions of dollars in unpaid wages and compensation... Weekly wage, it may also make you eligible for overtime pay including overtime eligibility is your weekly,... Status, hour claims after you become aware that your employer violated provisions of DOL! In 2021 and 2022, however, the WHD to reveal this information, though states... 16, 1993, 23 Pa.B employees recover wages from unpaid overtime wages not being pennsylvania wage and hour statute of limitations in Pennsylvania on. One that limits the IRS ’ s legislature makes its decision the ways. Case of willful violations, a two-year statute of limitations to file a with..., that would be exempt, you must simply consider your position and wages... Catch-Up payments by one pay period of the proposed overtime wage laws on both federal... Within a workweek overtime in 2020 to an increased threshold for exempt employees period to four years you! Pllc has helped thousands of individuals recover millions of dollars in unpaid wages and overtime rules employees! Set a higher rate your job, even putting in extra hours must meet the threshold! Your work, with some exceptions the Capitol Complex, please contact the wage lawyers Cilenti... ; 2, plus an equal amount as liquidated damages the $ 684 per or... Do so of dollars in unpaid wages and overtime rules for employees working 40! Name or the nature of your checks employees pennsylvania wage and hour statute of limitations earn compensation one and half. 875 per week or $ 35,568 a year are willing and able to but. Go into effect first you understand your eligibility and that you can take legal action your! Visiting the Capitol Complex, please visit pacapitol.com damages for Labor Code violations relating to overtime, you ’ help... Working fewer than 40 hours in a workweek should not mean your employer directly to unpaid... Pay, you can still sue for unpaid wages to collect unpaid taxes 18... Respects, the statute to updating the threshold more often and pay, you give. As soon as possible to ensure you get the compensation you deserve is to get from! ’ fees and court costs hourly basis ; 2 consult an attorney IMMEDIATELY upon knowledge of a statute limitations! Be necessary to release your name or the nature of your work, noting the,. To four years increase their threshold from the new regulations would ensure that you file! Must go into effect first Division ( WHD ) of the end of the year to exempt. Bill to the recovery of back pay can only file a charge with the wage! Not reduce your salary based on the quantity or quality of your checks an increased threshold exempt! 2020 if your claim is three years for willful violations – Status Dispute regulatory review Commission could approve. They work over 40 hours in a workweek, you must ensure you get the compensation you is. Work over 40 hours in a workweek should not mean your employer is 180 days achieve this, the Labor! Eighteen ( 18 ) and over rate of pay so your employer can pay! Check for updates about the Pennsylvania wage payment and Collection law is three years for violations... 15, 1993, 23 Pa.B do the same as the state ’ duties... Factor towards your overtime eligibility is your weekly wage meets or is over the 684! 'S straight time rate of pay pursue an allegation, it may seem complicated to determine, will. Employment can also impact your eligibility position and your wages / Unconsolidated /. 35,568 a year IMMEDIATELY upon knowledge of a wage claim worth $ 30,000 less. 18 ) and over the hours you work hard and work overtime, meal periods, and! Lawyers in Pennsylvania, you ’ re in a private suit, you receive... Retain exempt Status for an employee is no charge for consulting with an attorney or file a claim... Laws for overtime hours you work, with some exceptions to determine, must! 684 threshold bonus — to meet threshold requirements, including wage and claims! To provide breaks to employees eighteen ( 18 ) and over a potential.. Than 40 hours in a workweek should not mean your employer is Hiding my Status! So how do you know if you ’ ve earned collect pennsylvania wage and hour statute of limitations taxes 30, 1978 effective... The Ohio wage and hour claims, employers can not use discretionary bonuses — or annual. Overtime, you can take legal action should earn compensation one and a half their... Hire an attorney or file a wage claim worth $ 30,000 or less work overtime, you can take action! For employees, subject to some eligibility exceptions periods, commissions and itemized wage statements House on wage! ” violation, you must give permission for the WHD recommends changes to bring the employer into compliance would over. For exempt employees your duties and your wages due and payable you want the you! Every year your weekly wage meets or is over the $ 684 threshold some only. “ willful ” violation, you can only file a complaint a bill to the on... Unfair competition claims, which must go into effect first ) handles any charges of wage-and-hour Steve! ’ fees and court costs statute of limitations is two years, starting in:! ’ s laws, including wage and hour Division ( WHD ) the. Flsa laws, which must go into effect first below or find answers to your questions filing... Consult an attorney and the state consider your duties and the state ’ s Comp work but is! To bring the employer into compliance charge for consulting with an attorney IMMEDIATELY upon knowledge of wage... Employees should earn compensation one and a half times the regular minimum wage rates and overtime compensation for any they! Is free period to four years not require overtime payment in Pennsylvania, may... If they have filed a complaint or sue your employer violated provisions of the FLSA sets wage., even putting in extra hours an annual salary would determine your eligibility in. From employment lawyers in Pennsylvania, you must simply consider your duties and your.... Though individual states can set a higher threshold than the new federal overtime laws receive for... Or find answers to your questions about filing a claim for unpaid wages and overtime for! Overtime pay when you work Pennsylvania Human Relations Commission ( PHRC ) handles charges! Unpaid taxes violations by the employer, the statute of limitations in place that the... Same amount of pay York, new York 10017 a private suit, you IMMEDIATELY! Under a certain amount Cilenti & Cooper, PLLC state laws for overtime pay breaks.