Pennsylvania overtime pay law: 2 years to file

the short answer

Time and a half for hours over 40 in a workweek, and nothing extra for a long day — Pennsylvania has no daily overtime. The state claim carries no multiplier of its own: it gets you the unpaid wage, costs, and a reasonable attorney's fee.

source ↗Not yet checked against the statute.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

Which overtime law applies in Pennsylvania?

governing statute

43 P.S. § 333.104(c)

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in Pennsylvania?

penalty

The full amount of the wage owed less anything already paid, together with costs and such reasonable attorney's fees as the court allows (43 P.S. § 333.113).

source ↗Not yet checked against the statute.

Where do you report unpaid overtime in Pennsylvania?

free route

Pennsylvania has a separate Minimum Wage and Overtime Complaint, which is not the same form as the wage-payment one — send overtime to the wrong queue and it sits there. The Department of Labor and Industry investigates it, the online form times out after 20 minutes, and the paper version can go by fax, email or post to the Bureau of Labor Law Compliance in Harrisburg. It is published in Spanish as well as English.

source ↗Not yet checked against the statute.

Which court hears a case like this in Pennsylvania?

which court

Magisterial district court

source ↗Not yet checked against the statute.

How much can you sue for in Pennsylvania small claims court?

small claims limit

$12,000

source ↗Not yet checked against the statute.

What else should you know in Pennsylvania?

also

The rate rule is spelled out again in the regulations, at 34 Pa. Code § 231.41.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Pennsylvania. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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Can I sue for unpaid overtime in Pennsylvania?

Which overtime law applies in Pennsylvania?

What can you recover for unpaid overtime in Pennsylvania?

Where do you report unpaid overtime in Pennsylvania?

Which court hears a case like this in Pennsylvania?

How much can you sue for in Pennsylvania small claims court?

What else should you know in Pennsylvania?

That is the rule. Whether it is your answer is a different question.