Wage and Hour Lawsuit In 2024 | Latest Updates to Win
Workers who believe they have not been paid proper minimum wage or overtime, have been denied breaks or were forced to work even after their working hours can pursue alleged violations of state and federal labor laws through wage and hour lawsuit 2024. It also allows a group of workers who have suffered similar harm to come together and pursue their claims in a single court action.
Wage and hour law updates in 2023
According to the latest wage and hour law 2023 updates, Philadelphia has increased the minimum wage for government employees as follows:
- July 1, 2019: $13.25.
- July 1, 2020: $13.75.
- July 1, 2021: $14.25.
However, the minimum wage for non-government employees has remained at $7.25 per hour.
Calculating your unpaid wages
Wage theft is widespread and costs employees billions of dollars a year. It further worsens the inequality between business owners and low-income employees, damaging the sense of justice and fairness and hurting workers and their families.
One study of employees in low-wage sectors found that two-thirds of workers experienced at least one wage-related violation in any given week. The estimated average loss per employee over one year was $2,634 out of $17,616 (total earnings).
If your employer has failed to pay you at least the minimum wage or overtime pay or has not given you meal breaks, you should be able to recover what is rightfully yours.
Unpaid minimum wage
If you did not receive the minimum wage, you are eligible to collect lost wages from your employer. To calculate how much you are owed, take the difference between the minimum wage and your hourly rate and multiply that number by the number of hours worked. For instance, if your employer paid you $4 less than the minimum wage for 100 hours of work, you would be entitled to at least $400.
According to the Fair Labor Standards Act (FLSA), the definition of employment means to suffer or be permitted to work. Unpaid overtime (or off-the-clock work) is when employees fail to account for the time worked by an employee when they are not scheduled for their regular work shift. Employees in New York (as well as anywhere else in the U.S.) are required to pay overtime (calculated at 150% or one-and-one-half times a worker’s regular hourly rate). However, only non-exempt employees are eligible to receive overtime pay.
If you weren’t paid for your overtime, you are eligible to collect 50% of your regular rate of pay per hour. For instance, if you worked 60 hours during the week, but only received your regular hourly rate of $10 per hour (for a total of $600), the last 20 of your work hours should’ve been paid at a rate of $15 per hour (overtime rate). In that case, you are eligible to receive the difference of $5 per hour for 20 hours – a total of $100 extra per week.
Meals and rest breaks
Breaks that are no longer than 20 minutes typically count as hours worked. Employees have to be completely free from their job duties to be considered on an actual break. If they are not, then the time is taken, and work performed would be counted as hours worked. For example, nurses are notoriously uncompensated for work they perform during break time.
Employers should outline the exact amount of time that employees have for a break. This will serve as a guide for both the employer and employee.
Other common wage violations
There are various other wage and hour requirements under state and federal law that Philadelphian employers must follow. Some common violations committed by employers include:
- Inaccurate hour tracking.
- Failing to pay for commute and work-related travel.
- Failing to provide a final paycheck promptly.
- Failing to pay vacation and holiday pay and sick pay.
- Holding unpaid commissions or bonuses that were fairly earned.
- Unauthorized deduction from wages.
Does Pennsylvania have state overtime laws that are different from federal law?
Like Federal law, Pennsylvania state law requires that employees should be paid 1.5 times their regular rate of pay for any hours worked over 40 in any seven-day workweek.
Anyone who is not covered by Pennsylvania’s minimum wage hour is also not covered by the state’s overtime provisions. If you are not sure whether you are entitled or not, you should get in touch with the top wage and hour attorney to get a complete overview of filing wage and hour claims. Moreover, the top lawyers will help you get professional assistance on your
wage & hour class action litigation.
Meanwhile, some individuals who are covered by the state minimum wage requirement are not covered by the overtime requirement. Some of them are:
- Taxicab drivers.
- Salespersons, parts persons, or mechanics selling and servicing automobiles, trailers, trucks, farm implements, or aircraft.
- Announcers, news editors, or chief engineers at small TV and radio stations.
- Movie theater employees.
- Employees engaged in processing maple sap into sugar (other than refined sugar) or syrup.
- Motor carrier employees.
Here is a list of people who are not covered by Philadelphia’s state minimum wage law:
- Employees connected with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than 4,000.
- Outside salespersons.
- Executive, administrative, or professional employees, including elementary and secondary school teachers and administrators.
- Switchboard operators for small telephone companies.
- Volunteers for educational, charitable, religious, or nonprofit organizations.
- Golf caddies.
- Domestic workers who are employed in or about the private home of their employers.
- Seasonal employees under 18 (or under 24, if students) if employed by nonprofit health or welfare agencies engaged in activities for handicapped or exceptional children, or if employed by a nonprofit day or resident recreational camp operating for less than three months out of the year.
- Employees of public amusement or recreational establishments that operate for no more than seven months per year or that make most of their money in only six months out of the year.
- Employees (not subject to civil service laws) of elected officials or elected officials themselves.
Nevertheless, if you think that you are eligible to file a wage and hour lawsuit, contacting the top wage and hour lawyers is your best move. Because of their higher experience, you will be able to get a complete overview of filing your claim.
How can I pursue a claim in court in Philadelphia?
Aside from filing a wage claim with the Department of Labor, you may also file an individual suit, such as a wage and hour lawsuit in court to recover your unpaid wages. The statute of limitations for such a claim is three years from the date your wages were due.
Under certain conditions, the court may require the employer who owes you wages to pay your attorneys’ fees and can also award you an additional 25% of the wages you are owed. So, ensure fair wage and hour lawsuit settlement with a hassle-free procedure by choosing Ethen Ostroff Law.
Why hire Ethen Ostroff Law?
To establish a strong wage and hour lawsuit, you need the support and assistance of a lawyer. Ethen Ostroff Law works closely with clients to prove entitlement to unpaid wages and damages. With our network, our team can provide you with the best references for wage and hour lawyers in Philadelphia that boast investigating and litigating experience in wage theft cases.