The Fair Labor Standards Act, created by the federal government, regulates the minimum wage, overtime wage requirements, child labor standards, and the standard workweek.
Naturally, state law has the ability to add to the federal laws. Pennsylvania upholds FLSA but adds certain requirements to being exempt with the Pennsylvania Minimum Wage Act of 1968. Otherwise, FLSA PA is standard.
If you think your employer is violating FLSA PA, contact us.
What Makes An Employee Eligible For Overtime Wages Under FLSA PA?
FLSA PA provides overtime requirements with salary and task parameters for judging if an employee is eligible for overtime wages. The law wishes to ensure that every employee is receiving the proper payment for his or her work. In 2016, the new overtime wage laws adjusted the salary measurement to reflect the inflation of the times.
However, overtime wages stayed the same. If an employee works over the standard 40 hour workweek, he or she receives time and a half (1.5) pay for every hour over the 40 hours. Time must be tracked.
FLSA Salary And Task Parameters
Salary and job requirements specify an employee’s eligibility for overtime wages. Although salary measurement is simple, examining an employee’s job responsibilities can be much more complex.
But, if an employee passes both the salary and task requirements, he or she is eligible for overtime wages according to FLSA.
If your weekly pay or total pay in a year is over the below numbers, you are exempt from FLSA overtime. This rule includes employees who are highly compensated but aren’t executive, professional, or administrative. If your salary meets the below requirements, continue on to the next task parameter.
- FLSA-eligible: paid less than $47,476 per year or $913 per week.
- Not eligible: earn more than $134,004 per year.
At this stage, a job title has very little weight. FLSA wants to know what employees are doing while working. After all, tasks and job responsibility illuminate the reality of whether or not an employee falls into one of the below categories.
If your job includes any type of work that could be categorized in any of the below areas, you are not eligible for FLSA overtime wages.
- Executive work duties
- Professional job capacity
- Administrative work
- Other sales work
Analyzing your tasks and job responsibility can be complex. A FLSA attorney can help you figure out if your job makes you eligible for overtime. If you aren’t receiving your due overtime wages, your FLSA attorney can create a plan to help you receive your rightful wages.
What Happens If I’m Eligible Or Not Eligible For FLSA?
I Am Eligible For FLSA.
Congratulations! Under FLSA, your employer must pay you overtime wages for every hour worked over a 40-hour workweek. Overtime wages are time and a half your regular pay. If you are not receiving overtime from your employer, contact us.
I Am Not Eligible For FLSA.
Although you aren’t eligible for overtime wages, employment law protects you still. If you believe that your employer violates an employment law, contact us.
If you are eligible for FLSA overtime but you are not being paid, contact a lawyer because he or she will map out a plan to fight for your rights under the law.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.