How Do I Know If I Am Entitled to Overtime?
If you are an employee who is paid by the hour, you are generally eligible for overtime pay anytime you work more than 40 hours in any given week. Because overtime pay comes in at 1.5 times more than your regular pay, it’s important to know when you’re entitled to this pay bump and to ensure that you’re being compensated fairly. If you think your employer may not be following the rules in relation to overtime or in relation to any other employment laws, an experienced Pennsylvania employment attorney can help.
Overtime Pay
The Pennsylvania Department of Labor & Industry reports that most hourly employees in the state must be paid overtime when they work more than 40 hours in a week. There are protections regarding overtime pay at both the state and federal levels. Only those employees whose jobs meet specific requirements are classified as exempt from overtime pay, which means their employers aren’t required to pay them time and a half for any hours they may put in that exceed the 40-hour mark in a week.
Exempt Employees
In order to qualify as exempt from overtime pay, the employee’s regular salary must meet a specific weekly amount that is significantly higher than it would be if they were paid minimum wage. This amount is currently set at $844 per week, which calculates at $43,888 per year, but the amount will rise to $1,128 per week, which calculates at $58,656 per year, on January 1, 2025.
Salary, however, isn’t the end of the matter. To be exempt from the overtime requirement, employees must also perform duties that are classified in one of the following categories:
- Executive
- Professional
- Administrative
Tipped Employees
In order for tipped employees to be eligible for overtime pay in Pennsylvania, they must earn less than $135 in tips per month. This is subject to the so-called 80/20 rule, which means that the employee qualifies as a tipped employee as long as they spend no more than 20 percent of any given workweek performing duties that don’t directly generate tips.
Alternate Work Schedules
Some employees have the option of working alternate work schedules (AWS), and the rules regarding overtime vary in accordance with the situation. For example, employees may work 9 out of the 10 workdays in a two-week period, extending their work day by the amount needed to hit their 80 hours for the two weeks. In these situations, the employees are entitled to overtime pay when they put in more than half an hour beyond their scheduled daily hours or when they put in more than 40 hours in any given week. And work performed on the day off they receive as a result of the alternate work schedule, however, isn’t eligible for overtime.
You Need an Experienced Pennsylvania Employment Attorney on Your Side
When it comes to overtime, it’s complicated, but receiving fair pay is incredibly important, and the capable Pennsylvania employment attorneys at Mette Attorneys at Law will spare no effort in their quest to ensure that you’re paid the overtime to which you’re entitled and that you depend on to support yourself and your family. For more information, please don’t wait to contact us online or call us at 717-231-5219.