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News | Jan 14, 2013

Who We Represent

The attorneys at Winebrake & Santillo, LLC have extensive experience representing workers from various employment fields and backgrounds to help them recover unpaid wages.  Just a few examples of the types of employees we have previously represented are:

Computer Technicians and IT Employees:  Many employers will automatically pay their IT employees a salary and classify them as exempt from federal and state overtime laws.  However, those individuals who generally do not write code or spend the majority of their time performing basic helpdesk functions may be entitled to overtime compensation.

Construction Workers and Skilled Laborers:  Workers in the building and trade industries are often denied proper payment of wages.  Often individuals performing work on government contact jobs are not paid the required “prevailing wage.”  Similarly, they may not be paid time and a half for hours worked over 40 or are simply told that their employer “does not pay overtime.”  These individuals may be entitled to unpaid wages.

Home Health Workers:  Pennsylvania home health workers are often not paid “time and a half” for hours worked over 40 in a workweek.  This may be a violation of Pennsylvania wage and overtime law.

Hospital and Assisted Living Workers:  Workers at hospitals and assisted living facilities will often be required to work “off-the-clock” during unpaid meal breaks due to the emergency nature of their job.  These individuals may be entitled to unpaid wages.

Independent Contractors: Companies, regardless of field, will often improperly classify workers as “independent contractors” to avoid paying minimum wages, overtime compensation and other benefits typically provided to “employees.”  Just because an employer labels someone as an independent contractor or even requires him/her to an independent contractor “agreement” does not automatically mean that he/she is not entitled to the protections of federal and state wage and hour laws.

Mortgage Loan Officers:  Mortgage loan advisors and officers are often paid either a salary or 100% commissions and do not receive overtime compensation.  These workers are often misclassified as exempt from federal and state overtime laws and may be entitled to unpaid wages.

Landscapers and Maintenance Workers:  Workers for landscape and maintenance companies are often paid “straight time” for hours worked over 40 and not “time-and-a-half.”  These individuals are often required to report to a “shop” or central location at the beginning and end of his/her shift and travel to and from assigned worksites throughout the day without being paid for this time.  Workers may be entitled to unpaid wages for such work.

Manufacturing Workers:  Employees at factories and laboratories will often be required to put on, take off and maintain certain protective clothes and equipment before and after their paid work hours.  This time, even if it only takes a few minutes to perform, may be compensable.

Mechanics and Technicians:  Mechanics and technicians are often required to work “off-the-clock” and not receive pay for all the hours they work.  Also, many times employers do not include commissions or shift differentials in calculating their hourly rate for purposes of paying overtime premium compensation.  These are each potential violations of federal and state wage and overtime laws.

Office Workers:  Workers in an office setting will often be paid a salary and classified as exempt even though they primarily perform non-managerial functions.  These individuals may be entitled to overtime pay for hours worked over 40 in a single workweek.  Just because you are paid a salary does not me you are automatically not entitled to overtime compensation.

Retail Employees:  Retail workers who are paid on an hourly basis will often be required to work during unpaid meal breaks or before or after their paid shift in order to address customer needs.  Employers will either refuse to pay workers for this “off-the-clock” time or offer “comp time” instead of paying overtime wages.  These are each potential violations of federal and state wage and overtime laws.

Service Technicians and Installers:  Service technicians are often paid on a “piece rate” or not compensated for work performed at the company’s shop at the beginning and end of the day.  In addition, many times employers do not include commissions or shift differentials in calculating their hourly rate for purposes of paying overtime premium pay.  These are each potential violations of federal and state overtime laws.

Social Workers:  Social workers are often paid a salary and not compensated for hours worked over 40 in a single workweek.  Unless you have a master’s degree in your field of specialization you may be entitled to overtime compensation under federal and state law.

Telemarketers:  Workers performing phone banking and help-desk services are often required to “log on” and “log off” his or her employer’s computer system before they can begin making or taking calls as part of his/her paid shift.  This time, even if it only takes a few minutes to perform, may be compensable under federal and state overtime law.

Tipped Restaurant and Hotel Workers:  Workers paid primarily with tips are often improperly classified as exempt from federal and state minimum wage and overtime laws.  If you are paid from a “tip pool” with other employees you may still be entitled to minimum wages and overtime compensation.

Transit Drivers:  Individuals who drive buses or vehicles transporting passengers are often classified as exempt from overtime pay and will only receive their “straight” hourly wage for working over 40 hours in a single workweek.  If you do not regularly cross state lines as part of your driver duties, you may be entitled to overtime premium compensation.

Warehouse Employees:  Workers in warehouses will often be classified as exempt from federal and state overtime laws and will only receive their “straight” hourly wage for hours worked over 40 in a single workweek.  However, this classification is often incorrect entitling warehouse workers to unpaid overtime compensation.

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