Underpaid Wages and Overtime

Many employees that receive commissions and work overtime are unaware that are not being properly compensated under the law. Under the law any commissions you receive during a pay period need to be factored into your overtime rate.

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Pennsylvania waiters, waitresses & bartenders paid less than $7.25 per hour may be due unpaid wages.

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Did you work as a waiter, waitress or bartender at a bar of restaurant in Pennsylvania and receive less than $7.25 per hour wage regardless of tips (In the past 30 months)? * Yes No

Has your employer ever explained to you what the term "Tip Credit" means? Select One Yes No

Does you employer ever threaten to make you pay for walk outs or cash shortages? * Select One Yes No

Do any of the following apply to you? (Check any that apply)

• Paid "under the table"
• Not paid overtime
• Required to share tips with management or "back of the house"
• Required to work shifts where you make little to no money in tips
• Required to pay for uniforms or equipment
• Have to pay full price for food
• Have to spend significant time doing side work or prep work
• Required to attend meetings that you were not paid for
• Required to do prep work before clocking in
• Required to do breakdown after clocking out
• Not allowed to clock in until after 1st table arrives

Do you currently have an attorney representing you? * Select One Yes No

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For example: If your hourly rate is $10 an hour and you worked 40 hours during a pay period, you would receive $400 in gross pay for the pay period. However, if you received an additional $100 in commissions, your overtime rate must legally be calculated based a multiple of both the base pay plus the commission for each pay period. So in this instance, overtime would be calculated as follows; $500 / 40 hrs = $12.50 / hr. As a result the base hourly rate used to determine time and a half, double time, etc… for your overtime hours would increase from $10 / hr to $12.50 / hr.

The resulting overtime rate would then change from $15 / hr (on time and half) to $18.25 / hr. The statute of limitations on these unpaid overtime claims is 2 years and in some cases 3 years. So once you file your case you can go back and collect any unpaid overtime for the last 2-3 years from the date you file your claim.