Legal Question in Employment Law in Pennsylvania

Re: Overtime Pay

You asked about a wage and hour violation.

I trust you understand that your employer is attempting to do the right thing.

Neither party should attempt to guess at what the correct amount is. There should be empirical means of determining what your hours were. Do you have to scan an ID to get to your work station? Do you regularly log onto your network when you get to work and log off when you leave? Does your facility have cameras that observe the comings and goings of people?

Your supervisor's suggestion is actually very wrong. I can understand his motivation, but it is in violation of the letter and spirit of the law. He is attempting to keep your results within his budget.

Rather the company and yourself should arrive at a mutually satisfactory solution. If it truly is impossible to reach a conclusion then you can reach a simple agreement with the employer for a one time bonus that "compensates" you for overtime over the subject period in return for a waiver of any claim of wage and hour violation.

If you would like you can pass my name along to the employer as I would be happy to speak with them. I handle such matters from time to time and can come up with a solution that all parties should equally appreciate (or dislike).

Regards,

Roger

Re: Overtime Pay

Please call our offices as soon as you can. If your facts are as you say, then you are an eligible plaintiff in an overtime case, under FLSA. We are actually handling these cases right now, as both class actions and individually, against some very large companies. Most of our cases do not go to trial because the company settles. You should definitely e-mail or call our offices and ask for me tomorrow. I am out of the office tomorrow, but I will check my messages for your call. My cell is 917.699.5008. You will have absolutely no obligation if you call, I would just want to hear more about your situation. But, short answer, you should probably receive your overtime, and it should be calculated using a more generous formula than your employer would.