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PA Overtime & Holiday Pay Pennsylvania

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  • PA Overtime & Holiday Pay Pennsylvania

    Hello,

    My husband works for a non-profit organization. He has been working alot of overtime lately, willingly. When we looked at his paycheck to see how many hours were there, we noticed that it doesn't list the hours worked at all, it just has the total amount paid. Do they need to show the hours and overtime hours worked on a paystub? Additionally, it is clear in the amount the he was paid that he was not paid for all of the hours worked, and he was not paid time and a half for overtime. He was also asked to come in on July 4th to work, and promised double time, and he was not paid for that either. Sorry for so many questions, I just didn't know who to ask.

    Thanks.
    Kelly

  • #2
    I found the below text on the Pennsylvania Department of Labor and Industry (L&I) website. Basically the provision in place says that employers must provide totals of hours and corresponding earnings. It does not require them to break down by day or shift. One thing to keep in mind is the pay period dates. It is not uncommon for the pay period to cover a period of one or two weeks in arrears. My suggestion is to have your husband review his timecard with his supervisor. He may just be off on the dates and the overtime could be in the next scheduled pay check. Or it could have been an honest mistake. If this is the case, the employer will most likely add to upcoming check. If you feel that a wage claim is necessary, you would make it with L&I.

    What Kind of Information is My Employer Supposed to Put on My Pay Stub?

    Your employer must give you a pay-stub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. The pay-stub also has to state the beginning and ending dates of the pay period.


    Useful link:
    http://www.dli.state.pa.us/landi/cwp...142&Q=61106#13
    http://www.dli.state.pa.us/landi/cwp...a=142&q=214574

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    • #3
      Thanks for your help I appreciate it They don't even list the number of hours worked at all. They just have the gross pay and nothing more. Do you know if they are required to pay "overtime" meaning time and a half over 40 hours?

      Thanks again!
      Kelly

      Comment


      • #4
        No problem! I'm glad to help!

        Regarding overtime, it depends on if your husband is an exempt employee or non-exempt. Overtime is only due to non-exempt employees. The requirement is that hours in excess of 40 (in a workweek NOT pay period) should be paid at the overtime rate.

        The US Department of Labor has specific regulations as to what qualifies as exempt and non-exempt. It's based on job duties (NOT job title). From what you describe, my guess is that your husband's employer has him listed as an exempt employee. If this is the case, they would not be required to pay overtime. They would only be required to pay the predetermined and agreed upon salary (with very few exceptions). This may be the reason you do not see hours on the pay statement.

        Useful links:
        http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=320

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        • #5
          Thanks Again!

          I went into the links and got all of the answers I needed! I appreciate your help!

          Kelly

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          • #6
            Me Again

            Sorry, I didn't see your reply before I responded. Actually he is an hourly employee, non-exempt, so according to the law that you referred me to, they should be paying him overtime. We are going to talk to the director on Monday to find out what is going on. Once again, thanks!!!

            Kelly

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            • #7
              OP, if you see this reply before Monday, I certainly hope you meant he will be talking to the director, not we. He needs to handle this himself, and you will do nothing but aggravate the situation if you get personally involved with his employer. Just some professional advice, OK?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                My husband

                Patty,

                My husband is disabled and he cannot speak well because of an accident he was in a long time ago. I need to speak to his employer with him so that they know exactly what he needs.

                Thanks for your help.
                Kelly

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