Half-Time Pay for Overtime Hours

Half-Time Pay for Overtime Hours

Retailers and other service employers (such as lawn care providers) often pay their employees a salary plus “half-time” pay (instead of full time-and-one-half pay) for hours worked over 40 in a week. This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek pay.” Some workers and supervisors refer to this payment method as “Chinese overtime.”

However, this way of calculating overtime pay is illegal in several states such as Pennsylvania, California and New Mexico). Outside of these states, employers have to adhere to various requirements under federal wage and hour regulations in order to be able to pay their employees under the half-time method. Often, these employers fail to meet these requirements.

If you received half-time pay for overtime hours, you may be eligible to make a claim for unpaid wages. If you have any questions about this investigation or would like to discuss a potential claim, please contact us to speak with an attorney for a free and confidential consultation.

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  • "Winebrake & Santillo has a considerable record in employment matters."
    Winebrake & Santillo has a considerable record in employment matters.
    - Ricci v. Newrez LLC, 2023 U.S. Dist. LEXIS 186727, at *23 (E.D. Pa. Oct. 17, 2023)
  • "Significant experience"

    Attorney Andy Santillo and his co-counsel are “patently qualified” attorneys who “have significant experience with wage payment and collections cases, knowledge of wage-and-hour law, and have clearly done significant work already in this case throughout discovery and the preparation of the motions and opposition papers now before the Court."

    - MARTINEZ V. AMAZON.COM SERVS. LLC, 2024 U.S. DIST. LEXIS 209566, *28, *42-43 (D. Md. Nov. 18, 2024)
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    W&S and its co-counsel "have an established record of competent and successful prosecution of large wage and hour class actions."

    - Lapan v. Dick’s Sporting Goods, Inc., 2015 U.S. Dist. LEXIS 169508, *7 (D. Mass. Dec. 11, 2015)
  • "Experienced wage and hour class action litigators"

    W&S and its co-counsel "are experienced wage and hour class action litigators with decades of accomplished complex class action between them and that the Class Members have benefited tremendously from able counsel’s representation."

    - Craig v. Rite Aid Corp., 2013 U.S. Dist. LEXIS 2658, *45 (M.D. Pa. Jan 7, 2013)