By Ernest B. Orsatti, Esq.  

Some employers are so obsessed by profit that they feel the need to reduce the wages that they pay their employees as much as possible. One way is to refuse to pay overtime compensation.  The federal Fair Labor Standards Act (FLSA) requires that all non-exempt employees be paid time and one half of their regular hourly wage for all hours worked in excess of forty in a workweek.  There are exceptions to this rule, but some unscrupulous employers will intentionally misclassify non-exempt employees as “exempt” in order to avoid paying overtime compensation.  When this is done, Quatrini Law Group can file a suit in federal court to recover not only the unpaid overtime compensation but also liquidated damages equal to 100% of the unpaid overtime compensation plus attorneys’ fees against the employer.

These cases can be tricky and it is essential to have an attorney who understands the FLSA.

The correct argument wins an overtime case

ACCESS is a federally funded program which provides transportation services through private carriers to elderly and disabled persons for a small fee.  These drivers were previously considered exempt from overtime compensation under the Motor Carriers Act exemption.  A lawsuit was filed by the drivers against Pittsburgh Transportation Company over its refusal to pay overtime wages, but the case was dismissed.  After reading that decision, I decided that the lawyer representing the plaintiffs made the wrong arguments.  As the lawyer for the union representing ACCESS drivers, I suggested that the drivers file another lawsuit. In Packard et al. v. Pittsburgh Transportation Co., 418 F. 3rd 246 (3d Cir. 2005), cert. denied 547 U.S. 1093 (2006), I argued that the drivers did not cross state lines and therefore were not engaged in interstate commerce.  For that reason, the US Department of Transportation regulations and the Motor Carriers Act exemption did not apply. We won the case and the ACCESS drivers were awarded their unpaid overtime compensation plus 100% liquidated damages and counsel fees.

You do not have to be a union member to be entitled to overtime pay. All non-exempt employees should be paid time and one half of their regular hourly wage for all hours worked in excess of forty in a workweek. If you suspect your employer is not correctly paying for work performed, call us at 1-888-534-6016 or contact us online for a free consultation.