Investigations

Woodley & McGillivary is investigating certain areas of the law of which clients have made them aware that employees' rights are being violated on a frequent basis in certain industries.

FAILURE OF MUNICIPAL, COUNTY, AND STATE GOVERNMENTS TO CALCULATE OVERTIME PAY

Employers are required under the law to pay workers for their overtime in the next paycheck for which they are paid for their regular work time as long as it is reasonably practical. For budget or other reasons, we are discovering that some employees are holding employee's overtime pay for 30 or more days. The reason for the timely payment of overtime rule is that if overtime is paid late, the workers cannot readily determine if it was paid correctly. Moreover, the delay unfairly and unjustifiably benefits the employer. The remedy for this is liquidated damages equal to the amount of the overtime that was paid late. Inexplicably, many local governments underpay workers by failing to correctly calculate the rate at which overtime is paid. They omit from the calculation of overtime pay types of payments that must be included to increase the overtime rate. They omit payments such as night shift differential pay, longevity pay, incentive bonuses, hazard pay, sick leave buybacks, and the like. This appears to be done by many, many local government and results in workers being underpaid. For example, see this Washington Post article highlighting these claims for thousands of workers we are investigating.  

 

LATE PAYMENT OF OVERTIME 

Employers are required under the law to pay workers for their overtime in the next paycheck for which they are paid for their regular work time as long as it is reasonably practical. For budget or other reasons, we are discovering that some employees are holding employee's overtime pay for 30 or more days. The reason for the timely payment of overtime rule is that if overtime is paid late, the workers cannot readily determine if it was paid correctly. Moreover, the delay unfairly and unjustifiably benefits the employer. The remedy for this is liquidated damages equal to the amount of the overtime that was paid late. 

 

SALARIED WORKERS OVERTIME IN PENNSYLVANIA

Courts recently interpreted the Pennsylvania overtime law as requiring that salaried workers be paid overtime at one and one-half times the rate calculated as their salary divided by 40 hours. Many employers had previously calculated their overtime by using an all-hours worked divisor and only paying additional half-time. Many salaried workers are entitled to overtime because their job duties do not qualify them for any of the overtime exemptions.

 

FAILURE TO PAY OVERTIME FOR WORK ACTIVITIES IN OFFICE SETTINGS DURING MEAL PERIOD 

Many office workers are entitled to overtime compensation under federal and/or state law. These workers will often be suffered or permitted to work during all or a portion of their unpaid meal periods. The law does not permit workers to volunteer to work overtime; if the employer allows an employee to work, it must pay him or her for it. If an employee works through a portion of his unpaid meal period, he or she is entitled to be paid for it.  For example, if an employee has a 60-minute unpaid meal period and he or she works for 30 minutes of the meal period, the employee is entitled under the law to be paid for 30 minutes of additional work.