A younger recruiter from very small Philadelphia branch of global, publicly-held temp agency earlier today threatened an experienced lawyer she had placed in one of the best departments of a very large prestigious firm which has no contract with the agency or the attorneys (she placed 4 - another agency placed 3 on an 18 month project). The threats occurred on the phone, in response to a brief inquiry about benefits, increase in hourly rate based on inaccurate job description, also concerns of 2 simularly situate attorneys in the same position. Attorney has not shared with her superviors and managers at the firm. Temp agency doesn't comply with PA & federal law concerning exempt employees with consistency; it depends on which Philadelphia firm funds their placement or project. Here the agency treats attorney as exempt in every instance - except as to overtime, breaks, work rules.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.I have read what you have written but I do not see a question. What is your legal question, please?
Relist: Answer quality.
Pennsylvania’s Minimum Wage Act do not require overtime pay for “any employee engaged in a bona-fide executive, administrative, or professional capacity” who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. § 213a(1), 43 P.S. § 333.105a(5)). I AM PAID HOURLY. "Pennsylvania employers should follow the rule that provides the greater benefit to the employee where there are differences between the two laws."
That's the law for you. look it up if you need to do so.
DO I REPORT THIS TO THE PHILADELPHIA BRANCH OF THE EEOC OR PA DEPT OF LABOR BEFORE MEETING?
Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. § 333.101 et seq.) and regulations. (34 Pa. Code § 231.1 et seq.). Pennsylvania’s existing state requirements are still in effect. Pennsylvania’s current requirements are substantially similar to the earlier federal standards. Employers must follow Pennsylvania’s regulations even if these rules are more stringent for employers than the revised federal requirement. Federal law (29 USCS § 218) and the new federal rules (29 C.F.R. 541.4) specifically state that federal law does not affect enforcement of state overtime requirements, such as Pennsylvania's requirements.
I'm not sure why you relisted and said that there was a problem with my answer quality when I have not yet given you an answer.I have been waiting for you to tell me what your question is. You ask if you should report "this" to the EEOC or to the Dept of Labor before meeting. What is it that you are wanting to report, exactly? Are you claiming that you should be paid overtime?Once you have provided me with this information, I will have enough information to answer your question.
Under Pennsylvania law - is a licensed attorney working on an hourly basis for a law firm thru a temp agency (no contract or salary) in a position, if it lasts, would gross no more than $55,000 (no benefits) per annum - "exempt" or "non-exempt" under Pennsylvania laws protecting non-exempt employees?
Thank you. I can now answer your question! (You put in a lot of information initially and I wasn't sure if the facts were all connected somehow and then you threw me off by mentioning the EEOC). I apologize for any delay. I had several customers in the queue while I was waiting to hear back from you and the site required me to answer them first.Lawyers engaged in the act of practicing law are considered exempt employees under the FLSA even if they are paid hourly. Section 29 CFR 541.304(d) specifically states that the salary requirements do not apply to lawyers engaged in the practice of law. You can find that here:http://cfr.vlex.com/vid/541-304-practice-law-medicine-19683495PA's law says that professionals must be paid on either a salary or fee basis but they do not define "fee basis" and so, because of the safe harbor provisions contained in the law, a PA employer can follow the FLSA exemption rules (since there is no definition of fee basis in PA law). If, however, you disagree with this and want to try to argue that you are not exempt under PA law, then you would start out by filing a complaint with the PA Department of Labor and Industries. Let me know if you need anything else.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
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