Retailers in Pennsylvania frequently pay overtime to salaried employees under what is called the “Fluctuating Workweek Method” in which they receive “half-time” for hours worked over 40 in a week. Many retail workers unfortunately refer to this method of payment as “Chinese Overtime.” Evans v. Lowe’s Cos., 2004 U.S. Dist. LEXIS 8335, *8 (M.D. Pa. Apr. 29, 2004).
A federal judge recently ruled that this method of calculating overtime violates Pennsylvania law. See Foster v. Kraft Foods Global, Inc., 285 F.R.D. 343, 344 (W.D. Pa. 2012). Under the judge’s ruling, most Pennsylvania retail workers are entitled to full “time-and-one-half” overtime pay when they work over 40 hours in a week. Id.
Our firm currently is investigating several retailers in Pennsylvania who only pay their employees “half-time” for their overtime work.
If a current OR FORMER employer only paid you “half-time” for your overtime hours, you may be entitled to valuable overtime compensation.
Our law firm represents Pennsylvania workers who have been denied overtime pay. If you or someone you know would like a free and confidential consultation, please call us at (215) 866-1551.