Legal Question in Employment Law in Pennsylvania

Overtime pay

My son works for an independent business and is paid twice a month (5th and 20th). He may work 10 hours some days or a 100 hours in that pay period. He has never received any overtime pay for the 2 years he has been there. The employer states they don't have to pay overtime due to the way the pay period is set up. Is this true or do they owe him back wages forthe overtime he has worked??

Thank you for your time.


Asked on 2/19/03, 10:24 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Overtime pay

Your son may be entitled to overtime under the FLSA. Send me an e-mail, and I'll provide you with a brief explanation of the FLSA and a short questionnaire designed to help me determine if you have a claim. There is no fee for communicating me, and if there is a case, then there is no fee unless you recover. My e-mail is [email protected].

-Danny Cevallos, Esquire.

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Answered on 7/25/07, 9:28 am
Thomas Martin Law Office of Thomas Martin

Re: Overtime pay

Unless specifically exempted, employees covered by the Fair Labor Standards Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

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Answered on 2/19/03, 4:12 pm


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