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News | Jul 09, 2013

Our Firm Continues to File Overtime Rights Claims on Behalf of Pennsylvania Salaried Employees Who Are Paid Under the Fluctuating Workweek Method

Our firm continues to have success litigating overtime lawsuits on behalf of salaried managers and assistant managers in Pennsylvania who are paid for their overtime work under the “fluctuating workweek” method of compensation.  This method also is referred to by some companies and employees as the “half-time” method and “Chinese overtime.”  As previously reported in this bloc, a federal judge in Pittsburgh recently ruled that this method of compensation (which fails to pay full time-and-one-half overtime pay to many managers and assistant managers) is illegal under the Pennsylvania overtime law (formally known as the Pennsylvania Minimum Wage Act or the PMWA”).  This method id especially used to deny full overtime to store managers, assistant managers, and department managers.  We have reason to believe that many companies have used that half time method to pay overtime to their Pennsylvania Managers and/or Assistant Managers.  For example, we believe that certain Payless Shoes  managers were paid overtime under the half-time method.  We also believe that certain managers at Claire’s Stores (Claire’s Stores) received overtime under this method.  We would be happy to investigate the overtime rights claims of any employees of Payless, Claire’s, or any other retail or non-retail employees who may be entitled to overtime. 

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