Breaking Federal Court Decision: Pennsylvania Hourly Employees Entitled To Time And A Half Overtime

A federal court has ruled the fluctuating work week method of paying employees for overtime hours is not legal in Pennsylvania. If you are not paid one and a half times your regular rate of pay for hours over 40 per week, report it to 1.800.467.4000.
By: Levin Law Firm, PLLC
 
Oct. 10, 2012 - PRLog -- If your employer uses the Fluctuating Workweek method of Overtime, also known as "Chinese overtime", tell us now by calling 1.800.467.4000 or send a confidential email here.

A Pennsylvania federal court has ruled the fluctuating work week method of paying employees for overtime hours is not legal in Pennsylvania. The court's opinion indicates Pennsylvania hourly employees must be paid time and a half for overtime hours.  The fluctuating work week method is sometimes known as "Chinese overtime".

If you work in Pennsylvania and are not paid one and a half times your regular rate of pay for hours over 40 per week, please call us immediately at TOLL FREE 1.800.467.4000 or send a confidential email here for a FREE, confidential consultation of your potential wage and overtime claims.

Current and former employees of these Pennsylvania retail stores have reported they are paid on the now illegal fluctuating work week method (also known as Chinese overtime). These employees should contact us immediately to file a claim for back wages.

   Abercrombie & Fitch
   Aeropostale
   Claire's
   Genesco, Lids & Journey's

There are NO ATTORNEYS FEES unless you recover.

There are no attorney’s fees unless you recover, in which case those charges are paid from your share of the recovery. If there is no recovery, you will not be responsible for any attorney’s fees, court costs or litigation expenses.

It is ILLEGAL for employers to fire employees for making overtime claims.

Under federal law the employer can be punished with criminal penalties. The Fair Labor Standards Act prohibits employers from retaliating against any current or former employee who elects to participate in any proceeding asserting their rights provided under the law.

You DO NOT need to prove you worked overtime.

You do not need to have proof of the hours you worked.  If the employer does not keep accurate time records, most courts allow the employee to make a good faith estimate of overtime hours. So even if you did not keep your pay records, or did not always clock in or out, the court will generally accept a good faith estimate of your hours.

If you work in Pennsylvania and are not paid one and a half times your regular rate of pay for hours over 40 per week, please call us immediately at TOLL FREE 1.800.467.4000 or send a confidential email here for a FREE, confidential consultation of your potential wage and overtime claims.
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Source:Levin Law Firm, PLLC
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Tags:Chinese Overtime, Fluctuating Workweek, Overtime, Pennsylvania, Lawsuit
Industry:Retail, Legal
Location:Texas - United States
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