Wage theft is not a small problem in Pennsylvania. It shows up as unpaid overtime, off-the-clock work, stolen tips, bad independent contractor labels and final paychecks that never arrive. Most of the workers we represent had no idea anything was wrong until the pattern was pointed out.
The Rules on Overtime and Pay
The basics:
- Federal law requires overtime at one and a half times your regular rate for hours over 40 in a week. Pennsylvania follows the same 40-hour line.
- Paying a salary does not by itself cancel overtime. The employee must also perform duties that fit a specific exemption, and many do not.
- Work off the clock, before shifts, after clocking out or during unpaid breaks is still work.
- The Pennsylvania Wage Payment and Collection Law sets rules on when final pay is due.
Time limits matter: federal claims generally reach back two years, three if the violation was willful.
Signs You May Have a Case
- You work through lunch or after clocking out and are told to just deal with it
- Your title changed to manager but your duties never did
- Tips are shared with kitchen staff or managers who are not allowed to take them
- Commissions or bonuses are calculated in ways that shrink your overtime rate
- Your final paycheck is short or weeks late after you left
What To Do Now
- Keep your own record of hours, even if the employer also keeps one
- Save pay stubs, schedules, texts from supervisors and any time records you can get
- Ask about pay discrepancies in writing where possible
- Do not sign anything acknowledging your pay was correct if it was not
- Get advice before confronting payroll, so evidence is preserved first
Frequently Asked Questions
My job title is manager. Don’t managers lose overtime rights?
Titles do not decide this. What decides it is what you actually do day to day. Plenty of working supervisors and shift leads are owed overtime because their real duties never matched the exemption.
What is my overtime rate if I am paid a salary?
It comes from your regular rate, which is your salary divided by the hours it is intended to cover. Bonuses and shift differentials usually have to be counted too. We calculate this for clients as a normal first step.
This page describes the law in general terms. It is not legal advice for your specific situation, and deadlines can be short. Call the firm for a free evaluation of your case.