Legal Question in Employment Law in Pennsylvania

My boss got reported to the labor industry for not paying time and half and only paying regular wages over 40 hrs. he had to report all his hours and time sheets. he was ordered, since he did pay regular wages, to pay the half part of time and a half for all the hrs over 40 per wk. my question is somehow he didnt have to pay mine. i am his foreman, but i am paid hourly just like everyone else, and recieve no additional compensation. how is this possible? and it is a substanial amount. I am in pennsylvania, and really need to get some answers. please help!!


Asked on 2/08/11, 12:11 pm

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

You should talk to the investigator at the wage and hour division of the appropriate governmental unit. If this investigation was handled by the state, it would be in the Department of Labor & Industry. If handled by the Feds, the Department of Labor.

It is possible that he/she classified you as an "exempt" (salaried) employee that is not entitled to overtime. Certain employees with supervisory responsibiliies can be classified as "exempt." The test is very fact sensitive, so without a lot more information about your situation, it is impossible to offfer an opinion whether you are properly classified as exempt.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 2/08/11, 12:22 pm


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