Advice needed in pennsylvania

[WeLuvDiz]

I need someones advice that knows the law in PA reguarding employment. I've worked for a company for the past two years, when I started I was a driver who got paid on comission and tips. I, like every other driver hired are considered "independent contractors" we don't get "taxed" we get a 1099 at the end of the year and pay our own taxes. Heres where it gets funky, last year I was promoted to office manager and was given an hourley rate of $7.00 per hr. I work anywhere from 80-100 hrs per week. My question is is this leagal according to PA law, shouldn't I be earning at least Minium wage and/or should I be recieving overtime pay? Like I stated earlier, when I was hired, I was hired and signed a contract for a driver that states all about the 35% commision, but I am not a driver any more. If anyone can help, please do. Thank You.

 

[N.Bailey]

I believe you must be paid minimum wage in PA unless you are a minor, or unless your jobs involves tips/commission. When the minimum wage went up several years ago, my son was 16 and there was a caveat that minors could be paid the lesser wage, but most companies; including his employer, took even the minors straight to the higher wage too.

 

[WeLuvDiz]

What about overtime for anything over 40 hrs? Shouldn't I be paid time &1/2??

 

[N.Bailey]

Maybe you'll find more answers here:
http://www.dli.state.pa.us/landi/lib/landi/laborlaw/pdf/llc-1_11x17.pdf

Here is another:
http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106

 

[N.Bailey]

What about overtime for anything over 40 hrs? Shouldn't I be paid time &1/2??

I think it depends. My best guess would be that yes, you are, but since you're in management, they may be able to get around it, though you're not salaried, so according to this, you should be entitled to it.

Here are 2 answers from the 2nd site:

What is the Law Regarding Overtime?

Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. Other employees may be overtime exempt because they may fall into one or more other exemptions.

Are Salaried Employees Entitled to Overtime?

Just because you are paid a salary does not mean that you are not entitled to receive overtime. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.

 

[N.Bailey]

At the bottom of this link the offices are listed for the state. I'd suggest making a call to the one that's closest to you. I'm sure they'll be able to give you all the information that you will need.

http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=64690

It sounds like the company is not operating above board to me, but I'd refer you here because they can get more into all the specifics with you and tell you how to proceed. You have ever right to be upset, IMO.

 

[WeLuvDiz]

Thank You very much I will look into this.

 

[Mickey's Minion]

I need someones advice that knows the law in PA reguarding employment. I've worked for a company for the past two years, when I started I was a driver who got paid on comission and tips. I, like every other driver hired are considered "independent contractors" we don't get "taxed" we get a 1099 at the end of the year and pay our own taxes. Heres where it gets funky, last year I was promoted to office manager and was given an hourley rate of $7.00 per hr. I work anywhere from 80-100 hrs per week. My question is is this leagal according to PA law, shouldn't I be earning at least Minium wage and/or should I be recieving overtime pay? Like I stated earlier, when I was hired, I was hired and signed a contract for a driver that states all about the 35% commision, but I am not a driver any more. If anyone can help, please do. Thank You.

Wow! You work a 100 hour work week? That is 20 hours per day for a normal 5 day week. That only leaves you 4 hours for sleep and home time.

Even if you work 6 days, you are working in excess of 16 hours per day.

How do you do it?

You have had great advice regarding contacting the proper state departments to report your employer.