Pittsburgh Wage and Hour Lawyer

wage hour claims

Despite the many federal, state, and local regulations regarding employee wages, some employers continue to violate wage and hour laws. The U.S. Department of Labor Wage and Hour Division (WHD) recovered over $230 million in back wages during 2021. If you are one of the many Pennsylvania residents who hasn’t been paid enough, you may have a compensation claim.

Our Wage and Hour Attorney Represents Workers in Wage Disputes

If you notice that your employer hasn’t paid you correctly, you have a right to bring a wage and hours claim against your employer. You are not alone, and your employer is legally prohibited from retaliating against you for filing a claim. At Jones Gregg Creehan & Gerace, our employment law lawyer has represented many clients just like you in wage and hour claims. We also represent employers in wage and hour disputes. Contact us to learn more about your legal options and how we can fight for you.

Common Wage and Overtime Violations

Most workers in Pennsylvania are covered by minimum wage and overtime regulations. However, certain professions aren’t subject to overtime requirements. For example, salespeople who work on a commission, taxi drivers, and truck drivers may have different regulations. If you are unsure whether you are eligible to file a wage and hour claim, we recommend discussing your case with one of our attorneys. 

At Jones Gregg Creehan & Gerace, we have represented clients in various industries, from construction workers to business professionals. Employees are entitled to overtime when they work more than 40 hours per week, and they must be paid for all the hours they work. Unfortunately, sometimes employers misapply exemptions or intentionally deny employees their wages. Employees can become deprived of their regular wages or overtime wages as a result. Our attorneys provide our clients with excellent legal guidance on all the common ways that employers can commit wage and hour violations, such as:

  • Failing to pay an employee at least minimum wage for all hours worked
  • Declining overtime payment after 40 hours
  • Refusing to pay an employee for required on-the-job training
  • Paying a straight hourly rate when he or she is due time and a half for overtime 
  • Failure to pay an employee for mandatory breaks, including a lunch break
  • Withholding pay when the employee is on call away from the office
  • Withholding pay when an employee is required to work from home
  • Requiring a server to share tips in a manner that violates the law

Legal Advice for Employers Regarding Wage and Hour Disputes

The attorneys at Jones Gregg Creehan & Gerace understand all of the different types of employment practices that can result in wage and hour claims. One of the best ways to avoid a wage and hour claim is to work with an attorney and establish best practices before claims arise. We will review your employee payment practices and look for any areas that could be red flags for you in the future. After identifying any red flags, we will work with you to develop better practices and procedures to protect your business going forward.

Even with the best practices in place, disputes can still arise. When we represent businesses, we work with them to quickly resolve employment-related disputes. Our attorneys know how to respond to complaints of wage and hour violations and we know the best types of defenses for business. We are prepared to defend your interests in court should negotiations fail. 

How Are Claims Filed in Pennsylvania?

If you believe that you haven’t been paid the wages that you deserve under overtime and minimum wage laws, you have a right to file a wage and hour claim with the Pennsylvania Department of Wage and Industry. After you file your claim, the department will investigate your case and determine whether you have a valid claim. A claims examiner can contact your employer and assess the number of cack wages you are owed. In Pennsylvania, when an employer fails to pay back wages within 60 days of the department confirming a wage and hour claim, the employee is entitled to an additional award of 25% of the back wages.

Filing a Wage and Hour Lawsuit

Another option is to file a wage and hour lawsuit against your employer in court directly. Typically, employees only have three years from the date that the unpaid wages were supposed to be paid to file a lawsuit in a Pennsylvania court. Whether you should file an administrative claim or in court depends on the facts of your case and your goals as a claimant. Discussing your case with an employment attorney will help you develop a legal strategy for your case. 

At Jones Gregg Creehan & Gerace, we know how to hold employers accountable for violations of the Fair Labor Standards Act (FLSA) and Pennsylvania labor law violations happen. We provide our clients with personalized representation. We have the knowledge, resources, and skill to take on companies in the most complex and challenging wage and hour claim. 

The Benefits of Working with an Employment Attorney

Filing a wage and hour claim against your employer can be intimidating and complicated. When you work with an attorney, your attorney can help you determine whether you have a valid case. At Jones Gregg Creehan & Gerace, our attorneys know what to look for in these types of cases. We’re familiar with Pennsylvania and federal laws related to wage and hour claims. 

We will carefully review your wage and hour case and help you understand all of your legal options. If you decide to move forward with your case, we’ll provide you with the excellent legal representation you need. We will communicate and negotiate with your employer for the best outcome possible.

Contact a Pittsburgh Employment Attorney Today

The employment attorneys at Jones Gregg Creehan & Gerace believe that every employee deserves to be paid fairly under the law. If you suspect that your employer hasn’t been paying you correctly, contact us today to schedule a consultation with one of our skilled wage and hour attorneys.