Legal Question in Employment Law in Pennsylvania

Wages and Pay

I work in a privately owned hair salon. Our policy is if a stylist makes a mistake and another stylist has to fix the problem, the stylist that made the mistake loses credit for the service and the other stylist gets that credit. I made a mistake on a client, another stylist fixed the mistake. Im usually paid hourly, but the week that I did this clients hair I made commission. So my boss made me clock out 3 1/2 hours early, but I still had to stay for those 3 1/2 hours and do work with no pay. Is that illegal?


Asked on 4/16/07, 10:58 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Wages and Pay

This is an interesting fact situation. Without more, I would say that you have at least both a Wage Payment Collection Law case, and a FLSA (overtime) claim. These are both federal and state claims. You should contact our offices to discuss.

We are based in Philadelphia, but litigate all over PA, as well as NY and NJ. There would be minimal or no cost to you to investigate, depending on the facts. In all likelihood, it would be a straight contingent fee, which means you pay nothing unless you recover.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

267.639.3105

[email protected]

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Answered on 4/16/07, 12:04 pm
John Gibson John W. Gibson, Esquire

Re: Wages and Pay

I agree that this is probably a violation but I would be a little concerned about losing a job over a 3 1/2 hour loss of pay especially if you need the income. If you feel strongly about it and are willing to risk bad feelings at work, I would probably suggest contacting the Pennsylvania Department of Labor and Industry. I think they have a wage and hour division.

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Answered on 4/16/07, 12:31 pm


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