Employment Law Questions? Ask an Employment Lawyer.
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This is an unfortunate situation,
under the federal and state wage laws,
an employee who is not exempt has to be paid overtime even if they are on a salary,
the only exemptions is if there duties are considered exempt,
the fact other employees are performing the same duties and are receiving overtime, you may have a strong case for unpaid overtime,
Only professionals, managers and other high level employees can be considered exempt,
if they claim you are a project manager, unless you work in the computer field,
or manage and supervise employees, they would not be able to claim you are exempt
I work for a software company, and other individuals here who perform the same services are receiving overtime pay.
I do not have anyone reporting to me.
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,
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
How would I go about filing a FLSA lawsuit in Pennsylvania?
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 DivisionPhiladelphia District OfficeUS Custom House, Room 350Second & Chestnut StreetsPhiladelphia, PA 19106Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionPittsburgh District OfficeFederal Building1000 Liberty Ave., Room 313Pittsburgh, PA 15222Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionWilkes Barre District Office7 North Wilkes Barre Blvd.Stegmaier Bldg. Suite 373MWilkes Barre, PANNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
You would file a complaint first with your local agency,
if they will not take your case,consider using an employment attorney in your local area for a lawsuit,
If you have any further questions please do not hesitate to ask.
Thank you. This was very disappointing to me.
I worked on a project for 3 years with overtime. The project made the company 3 million, and I had not been compensated fairly
My guess is they owe me more than my yearly salary. Possibly double.
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
I think they treated me this way because the HR manager does not like me.
I blew the whistle on an interoffice relationship with a manager and employee that resulted in one or both individuals receiving additional compensation.
It is well known that the HR manager does not like me and he has been verbal to management.
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,
Good luck, and if satisfied please provide us with positive feedback.
Thank you very much for your direction and assistance. I hope you have a wonderful day.
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