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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15580
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I recently found out that individuals working for my company

Resolved Question:

I recently found out that individuals working for my company prerforming billable services are paid time and a half for overtime/afterhours time. I have been performing this same service for billable clients and was not offered this option. In some cases working 36 hours straight. I had been told I was salary and not owed the money. Is this true? Others are salary, why would I be different? I am not a manager of any individual, but a project manager of a project.
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

under the federal and state wage laws,

wallstreetfighter :

an employee who is not exempt has to be paid overtime even if they are on a salary,

wallstreetfighter :

the only exemptions is if there duties are considered exempt,

wallstreetfighter :

the fact other employees are performing the same duties and are receiving overtime, you may have a strong case for unpaid overtime,

wallstreetfighter :

Only professionals, managers and other high level employees can be considered exempt,

wallstreetfighter :

if they claim you are a project manager, unless you work in the computer field,

wallstreetfighter :

or manage and supervise employees, they would not be able to claim you are exempt

Customer:

I work for a software company, and other individuals here who perform the same services are receiving overtime pay.

Customer:

I do not have anyone reporting to me.

wallstreetfighter :

if you are performing the same duties as the other employees, you would have a claim for unpaid overtime, and should consider filing a FLSA overtime lawsuit,

wallstreetfighter :

Computer employees must perform advanced-level work with computers for which they are paid a salary in order to be considered exempt. Computer systems analysts, programmers, and engineers are some examples of computer professionals typically considered exempt

Customer:

How would I go about filing a FLSA lawsuit in Pennsylvania?

wallstreetfighter :

Minimum Wage and Overtime Complaint Form


Wage and Hour/Labor Standards - Local Offices of Federal Agency (DOL)


U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Philadelphia District Office
US Custom House, Room 350
Second & Chestnut Streets
Philadelphia, PA 19106
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Pittsburgh District Office
Federal Building
1000 Liberty Ave., Room 313
Pittsburgh, PA 15222
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Wilkes Barre District Office
7 North Wilkes Barre Blvd.
Stegmaier Bldg. Suite 373M
Wilkes Barre, PANNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

wallstreetfighter :

You would file a complaint first with your local agency,

Customer:

Thank you.

wallstreetfighter :

if they will not take your case,consider using an employment attorney in your local area for a lawsuit,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Thank you. This was very disappointing to me.

Customer:

I worked on a project for 3 years with overtime. The project made the company 3 million, and I had not been compensated fairly

Customer:

My guess is they owe me more than my yearly salary. Possibly double.

wallstreetfighter :

If you feel they have treated you this way due to your gender, race, or other protected civil right, you may have a discrimination complaint as well

Customer:

I think they treated me this way because the HR manager does not like me.

Customer:

I blew the whistle on an interoffice relationship with a manager and employee that resulted in one or both individuals receiving additional compensation.

Customer:

It is well known that the HR manager does not like me and he has been verbal to management.

wallstreetfighter :

you would not have a discrimination complaint, so your best way to obtain justice is to file a lawsuit against the employer for the unpaid wages,

wallstreetfighter :

Good luck, and if satisfied please provide us with positive feedback.

wallstreetfighter :

Thank you

Customer:

Thank you very much for your direction and assistance. I hope you have a wonderful day.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15580
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 11 other Employment Law Specialists are ready to help you

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