Federal law requires that most employees be paid at least federal minimum wage and overtime pay for all hours worked over 40 hours. Our attorneys assist clients who have not been properly compensated to recover earned unpaid wages.
As of April 2013, the minimum wage in Pennsylvania and New Jersey is the same as the federal minimum wage: $7.25 per hour.
Not Paid for Work Done
Pennsylvania and New Jersey require employers to pay employees who quit, are laid off, or fired all monies earned by the next scheduled payday.
Non-Exempt (i.e., hourly) employees in Pennsylvania must be paid overtime compensation for any hours worked over 40 hours per week. Overtime compensation is 1½ times the employee’s regular rate of pay.
Note: It is unlawful to provide an employee with time off in place of payment for overtime work.
Exempt employees do not qualify for overtime pay. Exempt employees are individuals who are paid at least $455 per week and receive a full salary for each week they work regardless of how many hours they work. Only certain categories of employees may be deemed exempt, including executives, administrative employees, professionals, outside sales persons, and certain employees who specialize in computers.
Pennsylvania’s definition of “wages” includes sales commissions. If an employer fails to pay an employee’s commission the employee can file a wage claim under the Pennsylvania Wage Payment and Collection Law.