Unpaid Overtime in Pennsylvania: Who Qualifies Under the FLSA?

If you’re working more than 40 hours a week and not getting time-and-a-half pay, something may be wrong.

Many employees in Pennsylvania are told they’re “salaried” or “managers,” so they don’t qualify for overtime. That’s not always true. Employers often misclassify workers to avoid paying overtime wages.

At Swartz Swidler, LLC, our attorneys have handled complex wage cases across Pennsylvania and New Jersey. If you believe you’re owed unpaid overtime, speaking with an experienced unpaid overtime lawyer in Pennsylvania can help you understand your rights under the law.

Let’s break it down clearly.

What Is the FLSA and Why Does It Matter?

The Fair Labor Standards Act (FLSA) is the federal law that governs:

• Minimum wage

• Overtime pay

• Recordkeeping

• Child labor standards

Under the FLSA, most employees must receive:

1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

Pennsylvania employers must follow the FLSA, along with state wage laws. If they don’t, workers may be entitled to:

• Back pay

• Liquidated (double) damages

• Attorneys’ fees

• Court costs

The key issue in most cases? Whether you are “exempt” or “non-exempt.”

Exempt vs. Non-Exempt Employees: The Core Distinction

Non-Exempt Employees (Entitled to Overtime)

Most hourly workers are non-exempt. If you are non-exempt, you must receive overtime pay.

Common non-exempt roles include:

• Bank customer service representatives

• Healthcare technicians and nurses (in many cases)

• Truck drivers

• Call center employees

• Warehouse workers

• Retail employees

Swartz Swidler has represented employees in industries including:

• Banking collective actions (see our work involving financial institutions such as PNC and Santander)

• Healthcare overtime litigation, including cases like St. Luke’s Hospital

• Trucking and transportation FLSA cases

(Explore our Pennsylvania-focused FLSA cases here:

• Banking: https://swartz-legal.com/flsa-fairlaborstandarsact/pnc-bank-class-action-lawsuit/

• Healthcare: https://swartz-legal.com/flsa-fairlaborstandarsact/st-lukes-hospital-and-health-system-pa-philadelphia-overtime-lawsuit/

• Trucking: https://swartz-legal.com/flsa-fairlaborstandarsact/c-r-england-trucking-minimum-wage-nj-pa-lawyer/)

If you work in one of these sectors and are paid hourly, you likely qualify for overtime.

Exempt Employees (Not Entitled to Overtime — In Limited Situations)

Being salaried does not automatically make you exempt.

To be legally exempt under the FLSA, you must meet:

1. Salary basis test – Paid a fixed salary (not hourly)

2. Salary threshold test – Meet minimum federal salary threshold

3. Duties test – Perform specific high-level job duties

If your employer can’t satisfy all three tests, you may still be owed overtime.

The Most Common FLSA Exemptions in Pennsylvania

Here are the most frequently claimed exemptions:1. Executive Exemption

You must:

• Primarily manage the business or a department

• Supervise at least two full-time employees

• Have authority in hiring or firing decisions

Reality: Many “assistant managers” perform mostly non-managerial tasks and may not qualify.

2. Administrative Exemption

You must:

• Perform office or non-manual work

• Exercise independent judgment on important business matters

Clerical workers and routine office staff often do not meet this standard.

3. Professional Exemption

Applies to:

• Doctors

• Lawyers

• Engineers

• Certain highly skilled professionals

The job must require advanced knowledge in a field of science or learning.

4. Outside Sales Exemption

You must:

• Primarily work away from the employer’s place of business

• Make sales or obtain contracts

Inside sales employees usually do not qualify.

Misclassification: A Major Overtime Violation in Pennsylvania

Misclassification is one of the most common wage violations we see.

Employers may:

• Label workers as “independent contractors”

• Call employees “managers” without real authority

• Pay a salary but assign mostly hourly-type tasks

• Fail to include bonuses or commissions in overtime calculations

According to guidance from the U.S. Department of Labor, job titles alone do not determine exempt status. Courts look at actual job duties.

If your job mainly involves following instructions rather than making high-level decisions, you may be non-exempt — even if you’re salaried.

Industry Spotlight: Overtime Violations in Key Pennsylvania Sectors

🏦 Banking & Financial Services

Banks frequently classify employees as administrative or exempt. But many perform routine, production-based work.

Swartz Swidler has handled FLSA collective actions involving financial institutions across the region.

🚛 Trucking & Transportation

Truck drivers and yard drivers are often shorted on:

• Per diem calculations

• Minimum wage compliance

• Off-the-clock time

See our trucking-related FLSA litigation pages, including cases involving CR England and other carriers.

🏥 Healthcare Workers

Healthcare employers sometimes:

• Automatically deduct meal breaks

• Fail to pay for pre-shift or post-shift work

• Misclassify salaried professionals

If you work in a hospital or healthcare system and regularly exceed 40 hours per week, you may have a claim.

What Damages Can You Recover in an FLSA Overtime Case?

If you qualify and your employer violated the FLSA, you may recover:

• Unpaid overtime wages (up to 2–3 years back)

• Liquidated damages (often doubling the amount owed)

• Attorneys’ fees and litigation costs

In many cases, workers file collective actions, allowing similarly situated employees to join the lawsuit.

How to Know If You Qualify for Overtime in Pennsylvania

Ask yourself:

• Do you work more than 40 hours in a week?

• Are you paid a salary but mostly perform routine tasks?

• Do you lack real hiring/firing authority?

• Are you required to work off the clock?

• Were you labeled an independent contractor but treated like an employee?

If you answered yes to any of these, you should speak with a Pennsylvania unpaid overtime lawyer.

Frequently Asked Questions

Does being salaried mean I don’t get overtime?

No. Salary alone does not determine exemption. Your job duties matter more.

How long do I have to file an overtime claim?

Generally:

• 2 years for standard violations

• 3 years for willful violations

Timing matters. The clock may already be running.

Can I be fired for filing an overtime claim?

Retaliation is illegal under the FLSA. If your employer takes adverse action against you, that may create an additional legal claim.

Why Choose Swartz Swidler as Your Unpaid Overtime Lawyer in Pennsylvania?

At Swartz Swidler, LLC, we focus exclusively on protecting workers’ rights. We’ve handled complex FLSA collective actions across industries including banking, healthcare, trucking, and retail.

We understand how employers structure pay systems — and how they try to avoid overtime obligations.

When you contact our firm, we will:

• Review your pay structure

• Analyze your job duties

• Determine exempt vs. non-exempt status

• Evaluate potential collective action options

Speak With a Pennsylvania Unpaid Overtime Attorney Today

If you believe you’re owed overtime wages, don’t wait.

Overtime violations often affect entire departments — not just one worker. You may not be alone.

✅ Contact Our NJ & PA Employment Attorneys Today
✅ See if You Qualify for a Wage & Hour Lawsuit
📞 Call Swartz Swidler, LLC at (856) 685-7420
📍 1101 Kings Hwy N, Suite 402, Cherry Hill, NJ 08034

You can also visit: https://swartz-legal.com/contact-information/

At Swartz Swidler, protecting workers’ rights isn’t just our job — it’s our mission.