Fair Labor Standards Act (FLSA) — Wage and Overtime Rights for PA and NJ Employees
The Fair Labor Standards Act (FLSA) is the primary federal statute governing minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most employees in Pennsylvania and New Jersey and provides powerful remedies for workers who have been underpaid — including liquidated damages that double your recovery. If your employer failed to pay you overtime, misclassified you as exempt, or required off-the-clock work, the FLSA protects your right to recover those wages.
Overtime Requirements
The FLSA requires employers to pay non-exempt employees 1.5 times their regular rate for all hours worked over 40 in a workweek. The “regular rate” includes base pay plus shift differentials, non-discretionary bonuses, and commissions. Learn how to calculate your unpaid overtime.
Exemptions
Certain employees are exempt from FLSA overtime requirements if they meet both a salary test (currently $43,888/year) and a duties test. The main exemptions are executive (managing a department, directing employees), administrative (office work directly related to management or business operations requiring independent judgment), and professional (work requiring advanced knowledge in a specialized field). Misclassification is one of the most common FLSA violations — employers frequently apply exemptions based on job titles rather than actual duties.
Damages and Recovery
Unpaid wages plus an equal amount in liquidated damages (doubling the recovery), attorney’s fees and costs (paid by the employer), a 2-year lookback period (3 years for willful violations), and the ability to bring collective actions on behalf of all similarly affected employees. Learn more about wage claims in Philadelphia.
FLSA and State Wage Laws
Pennsylvania employees also have claims under the PMWA and WPCL, which provide additional penalties (25% under the WPCL) and a 3-year lookback period. New Jersey employees may have claims under the New Jersey Wage and Hour Law. Filing under both federal and state statutes maximizes your total recovery.
The Lacy Employment Law Firm handles FLSA claims on contingency across Philadelphia, Pittsburgh, and New Jersey. Call (215) 515-5924 for a free consultation.
