Employment Lawyers for Salaried Employees in Philadelphia
Many employees mistakenly believe they are not entitled to overtime pay just because they are paid a salary, but this is wrong. In fact, millions of salaried employees are entitled to extra overtime pay when they work over 40 hours per week.
What is a Salaried Employee?
According to the U.S Department of Labor, Employees with salaried jobs regularly receive a set amount of compensation every pay period. The amount cannot be reduced based on the quality or quantity of the work completed by the employee.
What Does Salary Exempt vs. Salary Non-Exempt Mean?
Exempt and non-exempt are terms used to classify employees under the Fair Labor Standards Act (FLSA) in the United States. The FLSA is a federal law that regulates minimum wage, overtime pay, and other employment standards for both exempt and non-exempt employees.
- Exempt: Exempt employees are typically salaried workers who are exempt from receiving overtime pay, meaning they do not receive additional pay for working more than 40 hours per week. Exempt employees are generally professional, administrative, or executive employees who perform certain types of duties, such as managing other employees, exercising independent judgment, or performing work that requires advanced knowledge or specialized skills. Examples of exempt employees may include doctors, lawyers, managers, and IT professionals.
- Non-Exempt: Non-exempt employees are typically paid an hourly wage and must be paid overtime at a rate of one and a half times their regular pay for any hours worked over 40 hours per week. Non-exempt employees are typically considered to be blue-collar or manual labor workers who perform relatively routine work that is subject to oversight and direction by management. Examples of non-exempt employees may include retail workers, food service employees, and administrative support staff.
It's important for employers to properly classify their employees as exempt or non-exempt, as misclassification can result in legal and financial consequences. If you're unsure about your classification or if you believe you have been misclassified, speak with an employment law attorney for guidance.
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Helpful Information
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Our Experience
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Who We Are
Our Office Location
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Twining Office Center
715 Twining Road
Suite 211
Dresher, PA 9025 Map & Directions
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"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) -
"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) -
"Have significant experience in similar matters under the [Pennsylvania Minimum Wage Act]"
Winebrake & Santillo and their co-counsel “have significant experience in similar matters under the [Pennsylvania Minimum Wage Act] and in the wage and hour context more broadly."- Torres v. Brandsafway Indus. LLC, 2023 U.S. Dist. LEXIS 10631, at *8 (W.D. Pa. Jan. 20, 2023). -
"I highly recommend this law firm."
I highly recommend this law firm. They immediately talked with me about my situation, made some great recommendations, and gave me some good advice to move forward. 5 stars all the way!- Brandon