215-545-7676

1525 Locust St. 9th Floor
Philadelphia, PA 19102

856-854-4000

110 Marter Ave. Suite #502
Moorestown, NJ 08057

Wage and Hour Law

Pennsylvania and New Jersey Wage and Hour Attorneys

Most employees must be paid for all the hours they work and must be paid overtime if working more than 40 hours per week. Various federal and Pennsylvania laws secure this right.

Unfortunately, some employers misapply the exemptions, and employees may be deprived of overtime as a result. In those case, workers may have a claim against their employer for all the money they should have been paid.

Philadelphia Wage and Hour Lawyer

If you have been improperly paid by a current or former employer, then you may have missed out on money you rightfully earned under Pennsylvania, New Jersey, New York or federal law. We have offices in Philadelphia and Moorestown, New Jersey. A dedicated Pennsylvania or New Jersey wage and hour lawyer from Console Mattiacci Law, LLC can assist you in collecting what is owed to you. Call us today at 215-545-7676 to schedule a consultation.

We represent clients throughout the Philadelphia area, including, but not limited to, Montgomery County, Delaware County, Bucks County, Lancaster County and Chester County. With an office in Moorestown, New Jersey, we represent clients in New Jersey, including, but not limited to, Camden, Ocean, Burlington, Cape May and Gloucester Counties. Additionally, we represent clients throughout New York. 


Information Center for Overtime Pay and Other Wage and Hour Issues


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Requirement to Pay Employees for Hours Worked

Both federal and state law in Pennsylvania and New Jersey give workers the right to be paid for all hours they work unless their job meets one of a few exemptions. They must be paid a minimum wage for all of those hours, as well. The minimum wage is currently $7.25 under federal and state law in Pennsylvania; the minimum wage in New Jersey is $8.25.

In addition, if an employee works more than 40 hours per week, they must be paid at an overtime rate, which is one and a half times more than their regular pay rate. Again, there are some exemptions under federal and state law.

Just because you are paid a salary, or a set weekly, biweekly or monthly amount, does not mean that you can be denied overtime pay in some circumstances.


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Exemptions to Requirement Under Federal and State Law

Federal law and state law have exemptions both to minimum wage requirements and overtime requirements.

Exemptions are narrowly interpreted. The exemptions from both minimum wage and overtime laws under Pennsylvania law are in 34 Pa. Code §§ 231.81-231.85. They include:

Executive

Administrative

Professional

Outside Sales

An outside salesperson spends more than 80 percent of his or her work time away from his or her employer's place of business making sales or obtaining orders or contracts for the use of facilities. An outside salesperson may not spend more than 20 of work hours doing work not directly related or in conjunction with making sales.

Other Exemptions in Pennsylvania

Some professions are exempt from overtime and minimum wage requirements under Pennsylvania law, including:

Federal Law

Federal law also has exemptions for executive, professional, administrative and outside sales employees. However, there are some important distinctions. For example, all three require weekly pay of at least $455. If you make enough money to be exempt under Pennsylvania law but not federal law, then you are not legally exempt and should be earning overtime.

Federal law also contains an exemption for computer employees, defined as employees whose primary duty is the application of computer system analysis and techniques, design, development, documentation, analysis, creation, testing or modification of systems, programs or operating systems, or a combination of these duties.

New Jersey Law

New Jersey adopts all exemptions found in federal law, in the same manner. Certain other employees, including farm workers, hotel workers, taxi drivers and limo drivers are also exempt from overtime law.


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Damages for Unpaid Wages

In addition to unpaid overtime, employers often fail to properly pay workers in regards to:

If an employer fails to properly pay an employee, the employee may be owed back pay. In some instances, employers make it a policy to pay a certain class of workers according to the law. In those instances, the improperly paid employees may be able to pursue back pay as part of a collective action.


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Console Mattiacci Law, LLC ǀ Philadelphia Wage and Hour Attorneys

If you have earned money under the law that you have not been paid, you may have a claim against a former or current employer either as an individual or as part of a group. At Console Mattiacci Law, LLC, we help workers collect back pay and other benefits they are owed under state and federal law. It is important to act quickly, as some employment claims have strict deadlines of 180 days. Schedule a consultation with a Philadelphia wage and hour lawyer today by calling 215-545-7676.

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Our Office Locations

A

Pennsylvania Office

1525 Locust St. 9th Floor
Philadelphia, PA 19102

Phone: 215-545-7676
Fax: 215-545-8211

B

New Jersey Office

110 Marter Ave #502
Moorestown, NJ 08057

Phone: 856-854-4000
Fax: 856-854-4006

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