Information For Employees In Pennsylvania Who May Have Been Misclassified As Exempt From Overtime Pay

PHILADELPHIA, PA, USA, January 27, 2022 /EINPresswire.com/ -- Kehoe Law Firm, P.C. is reminding employees in Pennsylvania that unless employed in an occupation specifically exempted by the Pennsylvania Minimum Wage Act or federal Fair Labor Standards Act ("FLSA"), employees must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half times their regular rate of pay. This rate is referred to as "overtime" pay.

With few exceptions, hourly employees who work more than 40 hours a week must be paid time and a half for all hours over 40.

Most salaried employees who work more than 40 hours per week and earn less than the federal salary threshold are eligible for overtime regardless of their job duties.

Most salaried employees who do NOT perform executive, administrative, or professional duties are eligible for overtime regardless of how much they are paid.

Salaried employees who perform executive, administrative, or professional duties and make more than the salary threshold per year are NOT ELIGIBLE for overtime.

Although employers can dictate the time of day and hours employees work, and employee cannot be required to waive his or her right to receive overtime.

An announcement by an employer that overtime work will not be permitted, or that only overtime work authorized in advance will be paid, does not cancel the employer's obligation to pay overtime to workers for hours worked beyond 40 hours per week.

An employer cannot refuse to pay an employee for overtime for hours they have worked, unless the employee qualifies for an exception from overtime under Pennsylvania's Minimum Wage Act or the FLSA. The FLSA does not require overtime pay for "any employee engaged in a bona-fide executive, administrative, or professional capacity" who is paid on a salaried basis instead of an hourly wage and meets the minimum salary threshold defined in federal regulations.

Source: PA Department of Labor & Industry

EMPLOYEES IN PENNSYLVANIA WHO BELIEVE THEY HAVE BEEN MISCLASSIFIED AS EXEMPT FROM OVERTIME PAY, OR OTHERWISE FINANCIALLY HARMED BY EMPLOYER WAGE AND HOUR VIOLATIONS, ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., MICHAEL YARNOFF, ESQ., (215) 792-6676, EXT. 804, MYARNOFF@KEHOELAWFIRM.COM, INFO@KEHOELAWFIRM.COM, FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.

Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. Driven by a strong and principled sense of social responsibility and obtaining justice for the aggrieved, Kehoe Law Firm, P.C. represents plaintiffs seeking to recover investment losses resulting from corporate wrongdoing or malfeasance, those harmed by anticompetitive practices, consumers victimized by fraud or deception, and employees who have suffered economic harm from employer wage and hour violations.

This press release may constitute attorney advertising.

Michael Yarnoff, Esq.
Kehoe Law Firm, P.C.
+1 215-792-6676 ext. 804
info@kehoelawfirm.com

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