WYOMISSING-READING-BERKS COUNTY WAGE PAYMENT AND COLLECTION LAW ATTORNEY
Attorney Jana R. Barnett regularly represents clients who have claims under the Pennsylvania Wage Payment and Collection Law. The Pennsylvania Wage Payment and Collection Law, 43 P.S. §260.1 et seq., requires that, when employees are hired, their employers must tell them the rate of their pay, and the amount of fringe benefits or wage supplements. The information can be given through postings or collective bargaining agreements. Employers also must notify employees before changes are made.
Employers are required to designate pay days, and to pay all wages on those days. Overtime may be payable on the next pay period. Wages earned in a pay period shall be paid within a specified number of days after the pay period, or within a standard time lapse customary in the trade. The wages must be paid in United States currency, or by check. Deductions provided by law, or authorized by regulations, may be made from the wages.
When a person’s employment ends (regardless whether through firing or resignation), the employee’s final wages must be paid by the next regular payday on which the employee’s pay would normally be due. The employee can request that the payment be sent via certified mail.
If employers and employees disagree about the amount of wages that are due the employees, employers must pay the amounts agreed to be due, without condition. When the employees accept those amounts, the employees are not releasing their claims for the balance.
If employees believe that wages have not been paid in full, they may notify the Secretary of Labor and Industry, file a lawsuit, and/or institute criminal prosecutions. When the wages are unpaid for at least 30 days beyond the proper payday, or when employees are shortchanged by at least 5% of the gross wages payable on two regularly scheduled paydays in the same calendar quarter, and where the employers do not have good faith defenses, the employees are entitled to recover not only the unpaid wages, but also liquidated damages equal $500.00, or 25% of the total amount of wages due, whichever amount is larger. Under certain circumstances, high-ranking people working for the employer can be personally liable for the back wages.
To read statutes and related materials, please see “Related Links” on the right.
If you would like to speak with Attorney Jana R. Barnett about a Pennsylvania Wage Payment and Collection law claim, and learn how she can assist you, call her at 610-478-1860, or click here to send her an e-mail, and she will reply as quickly as possible.