Employment Lawyer : Pittsburgh PA

Joshua M. Bloom & Associates is a dedicated employment rights law firm. Our employment lawyers s practice throughout Pittsburgh and the rest of western Pennsylvania, representing current and former employees in various employment related matters. If you have suffered any of the injustices below, you need to consult an experienced employment lawyer immediately.

Unpaid Compensation

The PA Wage Payment and Collection Law provides that an employer who does not pay wages and/or benefits in a timely manner without a good faith defense is responsible to pay the unpaid amount, liquidated damages (25% or $500, whichever is greater), plus your attorneys' fees and costs. Typical cases are unjustified deductions (lunch break deduction when no break occurs), unpaid commissions, benefit deductions where no benefits are provided, promised severance pay, and failure to provide paycheck. It is possible to sue the officers and/or owners individually. Contact on of our employment lawyers today!

Overtime Compensation

The Fair Labor Standards Act and the Pennsylvania Minimum Wage Act of 1968 provide that an employer is required to pay one and one half (1 1/2) times your regular wage for any work performed over and above forty hours per week. The state law is more generous towards employees. Generally, all employees qualify for overtime under PA law except for the following classifications:

1. Independent Contractors - Neither the individual nor the manner of his or her work is controlled by the employer.
2. Executives - (1) paid on a salary basis; (2) primary duty is management of the enterprise, its department, or its subdivision; (3) customarily & regularly directs the work of two (2) or more employees; (4) authority to hire & fire, or suggestion to do the same is give significant weight; (5) executive duties performed at least 80% (60% for retail) of the time.
3. Administrative Employees - (1) paid on a salary basis; (2) primary duty is the performance of office or non-manual work directly related to management or general business operations of the employer; and (3) primary duties include the exercise of discretion and independent judgment with respect to matters of significance; (4) administrative duties performed at least 80% (60% for retail) of the time.
4. Professional Employees - (1) paid on a salary basis; (2) primary duty is work which requires knowledge of an advanced type in a science or learning customarily acquired by a prolonged course of specialized intellectual instruction or work which requires invention, imagination, originality or talent in a field of artistic or creative endeavor; and (4) professional duties performed at least 80% (60% for retail) of the time.
5. Outside Sales Employees - (1) primary duty is making sales; and (2) engaged away from the employer's place or places of business at least 80% of the time (home office is considered employer's place of business).
6. Miscellaneous exemptions - interstate truck drivers and mechanics, teachers, lawyers, doctors, volunteers, trainees, business owners (at least 20%), retail sales who are paid substantially by commission, etc.

If you feel that you have not been compensated lawfully, please call our office for a free consultation.

This is a short summary to provide general insight. Please be advised that this information cannot replace one on one legal advice given by an employment lawyer after learning all of the material facts of your particular situation.