I'd like to know if I work more than 40hrs. a week if I'm intitled to overtime in the state of PA?

Question

If so who do I contact?

Answer 1

It depends on if you get paid hourly or you get paid a salary. If you're paid on salary you don't get overtime pay. If you get paid hourly you should be getting paid overtime if you work over forty hours that week. Contact whoever does your payroll. They'll explain it to you.

Answer 2

For most jobs, yes - there are some exceptions for salaried supervisors and managers, and for certain highly paid professionals. But other than that, you are most likely entitled to time and a half pay for hours over 40 a week. That's a federal law, not a PA one. See http://www.dol.gov/dol/topic/wages/overtimepay.htm

It's not true that just because you are salaried, you are not entitled to overtime pay. You might be exempt from being paid overtime, but there are a lot more requirements for that than just being paid on salary.

Answer 3

Cara is totally wrong....

Most companies go with that but they are wrong. Even if you are paid commission, if you work more then 40 hours a week they have to break it out and pay you more. If you are paid salary, you legally get overtime if you are over 40 hours a week. Most employees dont know it or dont understand it.

Company will never win this argument. The company can set your work week. Lets say its Sunday to Sunday. They cant change it back and forth. So lets say you work 50 hours one week, and 30 hours the next week. Thats an average of 40 hours over two weeks. They cant do that. They have to tell you, if you are smart enough to ask, what days are the work week?

As per the other poster. If you are paid 1,000 a week on salary. But you had to work 50 hours. That is 10 more hours. They have to add to your salary time and 1/2. Its amazing to me that people dont know this. They have to pay you extra. 99.999% of people dont get this pay, because the company isnt going to explain it to you.

They tell you its 10 am monday to 10 am the next monday. If you ever hit over 40 hours during that time. They are required by law to pay you time and 1/2. Doesnt matter if you are on salary or not. Once you hit that 40 hours they have to pay you.

Here is a link to your answer from the Federal Government but I think I explained it pretty well. Who do you go to? Anybody. Let your boss know you expect him to follow the law. Keep your hours. He only has the option of picking when your week starts. He cant change it every week. He/she is required to put that in writing if you ask.

Good Luck, but they owe you overtime

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm




*** GOOD HELL ***

Im doing an update. Are you saying salary employees are exempt from overtime? You are an wrong. You are wrong enough that you need an attorney to read you the law. Here is the quote from the government website

*Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.*

Wait... does that say somebody working on commission can claim overtime? Actually it does. Study your laws einstein and dont debate me when you dont know what you are talking about.

Far place I would like to give you some support. But you are wrong on everything. BTW its 40 hours, if they are on salary they have to show 40 hours plus 5. That 5 hours has to be calculated differently. I think the only thing you got right on your post was your name, but im worried about that. I hope to hell you were drunk or high when you made that post. Because you are totally wrong on everything else.

Idiots likes you bring down major companies. Just shut the hell up, nobody wanted your advice. Because its wrong.

Answer 4

I perhaps should not appear so rude, but that lengthy detail by the "top contributor" is incorrect...

If you are an hourly wage earner then employers of all states are required to pay time and a half for hours worked beyond 40 hours in a single scheduled work week beginning on the day of the week the company designated as such when applying for their state and / or federal tax #...

You would do well here to disclose the type of payroll you are working as it would simplify answers given...

If you are on a commission-plus-hourly wage then the 40 hours is still basic and over that would be time and one half wages and the commission-plus would be added separately in taxed wages but not in time spent... Some commission-plus jobs may designate lesser hours as a guarranteed minimum weekly pay and exceeding those hours need not be considered as overtime hours... Yes, that is entirely legal...! This is a very common practice for salespeople in a new or used vehicle sales business and in many retail department stores... It does "borderline" an illegal practice also...

SALARY WORKERS DO NOT GET PAID OVERTIME but often do get a bonus or a commisson...

THAT IS PAST HISTORY NOW...!!!

If you are on salary, the salary contract prevails but for one change made within the last few years...

Because many companies were advantaging salaried employees by not paying overtime while knowing their position may require well over fifty hours a week, the law was changed to require companies to pay overtime AFTER 45 HOURS. ..!

In other words, the salaried worker must spot the company five overtime hours if they require it...

This ruling certainly was a blessing for many while yet many smaller companies pretend it does not exist and many salaried employees are not aware either. Yet, the labour law regarding working hours is posted in a conspicuous place in all workplaces in the USA as that is required by law also...

Keep in mind also that upper echelon salaried people do a lot of their work entertaining and much of that time is their own time. The companies they work for usually give them an expense account and bonuses to offset their personal hours given...

Remember, the contract prevails, but cannot diminish the federal or state labour laws...

Answer 5

The answer by "Financing_loans" is absolutely 100% correct. Listen to that poster.

But i will add this:

If you are not being paid overtime but should be, you should submit a complaint form to the Pennsylvania Department of Labor.

You can do so online here: http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=220748 or you can print the form, fill it out, and mail it.

Good luck!

Answer 6

It depends if you are an exempt or non-exempt employee. If you are an exempt employee, then you do not get overtime pay. If you are entitled to overtime pay, you need to contact the PA department of labor. There are posters explaining this at your place of employment. These posters are required to be posted by law.

Answer 7

depends on hourly pay or salary pay. If hourly pay, yes. If salary pay, then whatever it says on contract.