Legal Question in Business Law in Pennsylvania

Re: independent contractor

You asked about wages for working extra hours for your employer.

It is illegal for your employer to allow an employee to work any additional hours without paying overtime wages. This is both state and federal law. In other words, if you are a non-exempt employee (hourly instead of salaried) then you cannot work any hours over 40 for your employer (or an affiliate) without overtime pay. In fact, the rules are so strict that employers have been held liable even where the employee(s) volunteered to do the overtime work for free.

There really is no way around this rule. An hourly employee must be paid overtime wages for hours worked over 40 in a week (or eighty in a pay period).

Depending on your circumstances and the relationship with the employer you may wish to accept the situation, keep accurate records of your time and then sue for the back wages upon leaving that employment. If I recall correctly you can go back two years for underpaid overtime wages. The department of labor will actually collect those wages for you. But you must file a claim within the statute of limitations.

Labor laws are governed so as to require employers to adhere to at least the minimun protections in the workplace. Employers that flout or skirt the laws can be dealt with harshly. A moderate fine may not be a big deal for a larger employer but a smaller employer will feel the bite.

Regards,

Roger