Legal Question in Employment Law in Pennsylvania

labor law

I want to know whether I am exempt from overtime. I sell flooring at a retail store. I make around 80K/year. I work around 44-49 hours/week. At the end of every week our manager switches our time cards to read 40/hours/week. This is what it reads on my paystub. We are scheduled to be in the office for this time and they are about to increase it. The job title is basically retail sales. No outside sales. Is this legal? I am paid strictly by commission. Thanks-


Asked on 6/17/09, 10:34 pm

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: labor law

This is a suspect situation. The question is whether or not you are exempt. You might be under a retail exemption, but the actions of your manager are highly suspect. We have seen cases where management does this to non-exempt employees to try to satisfy the FLSA and it is against the law. The FLSA and the similar pennsylvania statute deal with overtime, and we handle these cases. We are involved with these wage and hour claims all over the country and here in Pennsylvania. Give our offices a call or e-mail me directly at [email protected]. We can talk about your recovery. My direct line is 267.639.3105.

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Answered on 6/18/09, 12:47 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: labor law

This is a suspect situation. The question is whether or not you are exempt. You might be under a retail exemption, but the actions of your manager are highly suspect. We have seen cases where management does this to non-exempt employees to try to satisfy the FLSA and it is against the law. The FLSA and the similar pennsylvania statute deal with overtime, and we handle these cases. We are involved with these wage and hour claims all over the country and here in Pennsylvania. Give our offices a call or e-mail me directly at [email protected]. We can talk about your recovery. My direct line is 267.639.3105.

Read more
Answered on 6/18/09, 12:48 pm


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