Working hard to earn a paycheck is a fundamental part of life for many employees. And with Philadelphia having the fourth-lowest real minimum wage in a major U.S. city, it's crucial that employees get paid for every minute they work. Whether you're clocking in at a bustling restaurant, operating heavy machinery, or preparing client reports in an office, your time and effort matter.
But what happens when you're not being paid for every hour you've worked? Unpaid work hours are a violation of labor laws and employees' rights—and understanding your protections under the law is essential for ensuring fair treatment and compensation.
If you’re an employee in Philadelphia, you will need crucial information about unpaid work hours, your legal rights, and the steps you can take to address such issues.
What Are Unpaid Work Hours?
Unpaid work hours refer to any time you spend performing job duties for which you are not compensated. This can include tasks outside your official work hours, waiting time, on-call periods, minimal breaks (under 20 minutes), or time spent preparing for work (such as donning safety gear or setting up equipment).
Under the Fair Labor Standards Act (FLSA) and Pennsylvania labor laws, employers are required to pay employees for all hours worked. This includes overtime for all eligible employees who work more than 40 hours in a workweek. If you've performed work that benefits your employer, they cannot legally avoid compensating you.
Examples of Unpaid Work Hours
- Pre- and Post-Shift Tasks: Setting up workstations, cleaning equipment, or completing paperwork before or after your official shift.
- Unpaid Overtime: Staying late to meet deadlines or clean up but not being paid for the extra hours.
- On-Call Time: If you're required to remain on-call and available during certain periods, this may qualify as compensable working time, depending on the restrictions placed on you.
- Short Breaks: Breaks lasting less than 20 minutes must be paid; however, some employers unlawfully deduct this time.
- Off-the-Clock Work: Answering emails, making work-related calls, or responding to tasks outside regular hours without pay.
What are Your Rights Under the Law?
Philadelphians are protected under both federal and state laws that guarantee fair wages and proper compensation. Here's what you need to know about your rights as an employee when it comes to unpaid work hours.
Minimum Wage Laws
Under Pennsylvania and federal law, employees are entitled to at least the minimum wage of $7.25 per hour.
Overtime Protection
If you’re considered a non-exempt employee under the FLSA, you’re entitled to overtime pay at 1.5 times your regular hourly rate for all hours worked over 40 in a single workweek.
Wage Theft Prevention
The City of Philadelphia has passed stricter wage theft protections, including the "Wage Theft Ordinance," which helps employees address unpaid wages or misclassified hours quickly and effectively. Employers found guilty of wage theft face penalties under this local policy.
Record-Keeping Obligations for Employers
Employers are legally required to maintain accurate records of employees’ work hours. If your employer fails to do so or if records are falsified, it’s both illegal and a red flag.
What Should You Do If You're Facing Unpaid Work Hours?
If you believe you are not being compensated appropriately for your work hours, there are steps you can take to address the issue.
1. Document Everything
Start by keeping detailed records of your hours worked, including dates, times, tasks performed, and any communications with your employer about hours or pay. Having accurate documentation strengthens your case.
2. Discuss the Matter with Your Employer
Many disputes arise from misunderstandings or clerical errors. Politely raise the issue with your supervisor or HR department, providing your documentation and requesting the matter be resolved quickly.
3. File a Complaint with the Department of Labor (DOL)
If the issue persists, file a complaint with the U.S. Department of Labor or the Pennsylvania Department of Labor and Industry. They investigate unpaid wage claims and enforce penalties on employers who violate labor laws.
4. Contact a Legal Professional
If your employer refuses to rectify the issue or retaliates against you for speaking up, seek the assistance of an experienced Philadelphia employment attorney or wage & hour dispute lawyers. Wage theft violations are serious, and an attorney can guide you through recovering your unpaid wages, including possible additional damages.
Philadelphia Wage Theft Ordinance
Philadelphia’s Wage Theft Ordinance, enacted in 2016, provides additional protection for employees within city limits. If an employer owes you more than $100 in wages, you can file a claim with the city’s Wage Theft Coordinator. This gives employees a local pathway to resolving pay disputes quickly and effectively.
Employers found guilty of wage theft under Philadelphia’s ordinance face consequences such as monetary fines, suspension of business licenses, and back payments to employees.
Work With Philadelphia Wage & Hour Dispute Lawyers
Facing unpaid work hours can be frustrating and demoralizing, but it’s important to remember that you have rights. Laws at both the federal and city level are designed to protect employees like you, ensuring you receive fair compensation for every task completed and every minute worked.
If you’re unsure where to start or need expert advice on your specific situation, reach out to trusted Philadelphia wage & hour dispute lawyers Goodley McCarthy LLC. Our firm is ready to defend your rights and level the playing field for you as a worker. With millions of dollars in unpaid wages successfully recovered, you can trust in us that we will fight for you.
No one should have to fight for what they’ve rightfully earned. Contact us at (215) 273-3491 today and schedule a free consultation.