The Fair Labor Standards Act (“FLSA”) and its Pennsylvania counterpart, the Pennsylvania Minimum Wage Act (“PMWA”), generally provide employees with overtime pay calculated at 150% of the regular pay rate for any hours over 40 that the employee works in one week. Salaried workers who are properly classified as “executive,” “administrative,” or “professional”, however, are exempt from receiving overtime pay. In the decades since these laws were passed, the work place has changed dramatically, making it more difficult to distinguish between “exempt” and “non-exempt” employees. For example, telecommuting, the increased use of technology, a more highly educated workforce, and the explosion of “middle level” management have each blurred the line between exempt and non-exempt, leaving some employees short-changed and some employers facing significant liability for misclassifying their workers.
Examples of commonly misclassified employees are:
- Managers and assistant managers of small retail stores
- Department managers within larger retail establishments
- Sales consultants working from home
- Inside sales persons
- Social workers and case managers working for social service agencies
- Newspaper sales managers
- Paralegals, secretaries and legal assistants
- Bookkeepers or accountants without CPAs
- Computer technicians and support staff who do not write computer code
- Warehouse managers and supervisors
- Work crew captains or foremen
- Licensed practical nurses, medical assistants, and similar line-level health care employees
- Mortgage loan officers
- Home health aides or visiting nurses employed in Pennsylvania
- Call center sales representatives
- Trainees for exempt positions
Misclassification of employees for overtime purposes is an ever-growing legal concern-in the past year alone, the federal courts experienced a 10% increase in cases asserting claims under the FLSA.
Contact the Law Firm of DiOrio & Sereni, LLP
We handle disputes over the right of an employee to collect unemployment compensation after termination of employment. We also represent employees or employers in wage and hour disputes, including controversies over payment of overtime, vacation pay and other benefits.
To learn how we can help you in an employment dispute, call us at 610-565-5700 or send us an e-mail. Evening and weekend meetings can be arranged upon request, and we will travel to meet with you, if necessary. We accept Visa and MasterCard.
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