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News | Oct 30, 2014

Allegheny County Court of Common Pleas Finds “Half-Time” Pay for Overtime Impermissible under Pennsylvania Law

Our firm continues to have success representing Pennsylvania retail workers who receive half-time pay (instead of full time-and-one-half pay) for their overtime work. This overtime pay method most commonly applies to salaried employees who hold “manager” and “assistant manager” positions. This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek pay.” Some workers and supervisors refer to the payment method as “Chinese overtime.”

 

We have successfully argued that Pennsylvania law prohibits the half-time method of calculating salaried employees’ overtime pay.  This past July, a federal Judge in Philadelphia agreed with our argument held that RadioShack violated Pennsylvania law by paying its managers under the half-time method:

http://www.bloomberg.com/news/2014-07-11/radioshack-found-liable-in-pennsylvania-overtime-lawsuit.html

Just last week, the Honorable R. Stanton Wettick, Jr. of the Allegheny Court of Common Pleas based in Pittsburgh, Pennsylvania joined three other federal court judges in Pennsylvania in holding that the half-time pay method is impermissible under Pennsylvania law.  A copy of Judge Wettick’s opinion is available here.

 

To date, we have recovered millions of dollars for employees paid under the half-time method. And we are continuing to investigate companies that may be using this method to pay its workers.If you are a Pennsylvania salaried employee who has been paid under the half-time method, we’d be happy to speak with you to determine whether you may have a viable legal claim. Just give us a call at 215-884-2491 for a totally free and confidential consultation with one of our attorneys.

 

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