Legal Question in Employment Law in Pennsylvania

payrate for overtime

I work for a security company i get different pay rates for different posts i get 24 hours at supervisor rate which is $13.08 an hour i get 16 hours as a rover at $9.46 an hour the company adds up the total of the 40 hours and divides by 40 to get an average hourly rate of $11.63 an hour. my question pertains to my overtime rate if i work overtime during the week and go over 40 hours i hit the overtime rate on the supervisor post which at time and a half should pay $19.62 an hour. however the company pays my overtime rate based on the houly average rate which t time and a half comes out to about $17.50 an hour. howerver a fuul time supervisor at my company will get the $19.62 an hour for any overtime worked is this allowed?


Asked on 11/17/08, 7:44 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: payrate for overtime

You asked about which pay rate you should recieve for overtime hours.

Great question. You should bring the matter to the state wage and hour division. That office can look at the question for you and then prosecute the employer if the law has been breached.

The employer may have a valid claim where they are paying you a proper overtime rate based on your blended rate. A factor in the equation will be whether your employer has billed its clients for you services at the lower blended overtime rate or at the higher overtime rate of a supervisor. If they are paying the lower rate and billing at the higher rate then that would actually raise a whole new can of worms and could generate both civil and criminal claims depending on the client.

You should be protected various whistleblower statutes and any adverse change in circumstances that may be because of your actions would be considered retaliation which would itself be actionable by you.

Regards,

Roger

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Answered on 11/17/08, 11:38 am


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