Derek Smith Law Group / Employment Law / Wage and Hour Attorneys / Wage and Hour Attorneys in Philadelphia

Wage and Hour Attorneys in Philadelphia

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What Are Wage and Hour Violations in Philadelphia?
Different Types of Workplace Discrimination Cases We Handle:

Wage and hour attorneys in Philadelphia help ensure that employees are paid for the time they work in the manner the law allows. Many times, employers try to cut corners through how they classify and pay their employees, allowing them to save money in taxes and salaries. This is illegal. For over 25 years, the attorneys at the Derek Smith Law Group have worked hard to help employees receive the compensation they deserve for the work they do.

What Are Wage and Hour Violations in Philadelphia?

Wage and hour laws are designed to ensure employees receive the proper compensation for an honest day’s work. Employees work to get paid. However, the laws dictate how employees should be classified and how they should be paid. This law dictates who can be a salaried employee and who can be an hourly employee entitled to overtime pay for hours worked over 40 hours a week. The law also dictates who can be an independent contractor as opposed to an employee. Violations of these laws affect the amount of money employees earn and the benefits they receive.

What Laws Protect Employees from Wage and Hour Violations in Philadelphia?

The Federal Fair Labor Standards Act (FLSA) and the Pennsylvania Department of Industry set the laws for minimum wage, overtime pay, tipped employee wages, employment deductions, and independent contractors in Philadelphia. Under this law, the minimum wage is $7.25 per hour for non-ripped employees and $2.85 an hour for tipped employees who make at least $30 in tips per week.

In addition, the laws say employees must make at least $455 per pay week to be classified as exempt or salaried employees.

What Are Some Examples of Wage and Hour Violations in Philadelphia?

Wage and hour violations encompass numerous issues affecting employee pay and compensation. Some examples of such violations include:

Misclassification of employees
Refusing to pay time and a half to employees who work over 40 hours a week
Refusing to ensure tip employees make $7.25 per hour combining minimum wage and tips
Paying employees less than $7.25 per hour.
Paying employees under the table
Deducting money for unapproved expenses from an employee’s paycheck
Forcing employees to share tips with the employer
Not allowing minors proper meal and rest breaks
Paying Comp time that is not overtime pay for overtime work
Deducting hours from an employee’s paycheck (known as time shaving)
Not providing a paystub that properly documents an employee’s hours worked and deductions with each pay stub
Refusing to pay employees for the time it takes to put on an take off protective gear as part of their employment responsibilities (known as donning and doffing)
Forcing employees to pay for mandated uniforms
Classifying employees as independent contractors to avoid paying taxes or benefits
Refusing to pay for hours spent in employer-mandated meetings and trainings
Retaliation for reporting a wage and hour claim to HR or the Department of Labor

What Types of Employment Are Not Protected by Wage and Hour Laws in Philadelphia?

Like most laws, there are exceptions to the types of employees covered under wage and hour protections. They include:

Babysitters
Companions for the sick or elderly
Bona Fide executives, administrators, or professionals
Outside salespeople
Taxi drivers
Volunteers to apprentices for charitable, religious, or education organizations
Members of religious orders
Students and Handicapped individuals employed with religious or charitable organizations
Employees of a summer camp operated by a religious or charitable organization operating less than three months each year
Staff counselors in children’s camps
Employees of student or faculty associations or fraternities
Employees of federal, state, or municipal governments or their subdivisions
Volunteers at recreational or amusement events that run 8 days or less
Farm laborers

What Is the Statute of Limitations for Filing Claims Under Wage and Hour Violations in Philadelphia?

The Pennsylvania Department of Labor provides a time limit of 3 years to file a claim for unpaid wages. The Department can then go to your employer to attempt to get you paid the unpaid wages. The employer must respond within 60 days or the case can be brought to trial and you can receive an additional 25% of the claim amount.

What Remedies Are Available for Wage and Hour Violations in Philadelphia?

As mentioned above, an employer who does not respond to a Department of Labor request may be ordered to pay 25% of the money owed to the employee in addition to the money owed. Other remedies include:

Reinstatement of employment and benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Back pay
Future pay
Attorney’s fees
Court costs
Pain and suffering
Emotional Distress
Punitive damages

How Long Does It Take for Wage and Hour Litigation to be Resolved in Philadelphia?

There is no set time for a wage and hour claim to be completed in the courts. Most lawsuits will take anywhere from 4 to 6 months to 1 year or more. If the employer is willing to negotiate a fair and equitable settlement, the lawsuit could be settled within 4 to 6 months without ever going to trial.

However, if an employer insists on going to trial, the process to prepare for trial can take a year or longer. The trial may then take an additional few days to few weeks, depending on the details of the case.

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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A Few Things You Can Do Right Now

If you are the victim of wage and hour violations, there are a few things you should do as you decide whether to file a claim.

Contact a Philadelphia wage and hour attorney immediately.
File a claim in writing with HR or your supervisor for unpaid wages.
Collect evidence. This includes emails, text messages, pay stubs, policies discussing employee wages or compensation, timecards, and any other evidence you may have to support your claim.
Documents the hours you work. Take pictures with time and date stamp of your clocking in and out of work. Screenshot your computer for your start and end times. Find ways to prove you were working even if your employer says you were not.
Do not quit your job if you have not been terminated.
Do not waste time. Your time to file your claim is limited. Contemplate your decision quickly and make sure you do not wait past the time limit allowed to file a claim.

Verdicts & Settlements

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$1.5 Million Settlement

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$1.6 Million Jury Verdict

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$1.8 Million Verdict

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$15 Million Verdict

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$16 Million Settlement

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Contact Our Experienced Wage and Hour Attorneys in Philadelphia for your Free Consultation

Employees are not volunteers. They expect and deserve to be compensated for their work. The law provides protections to make sure that employees are properly compensated for their work and are not easy targets for employers to save money at their expense.

If you are the victim of wage and hour violations in Philadelphia, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (215) 391-4790 for a free consultation. We do not collect any money until you win your case.

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