Wage & Hour Violations
Employees have specific rights when it comes to wages and hours, and employers are bound by both state and federal law. If you believe your employer is shortchanging you, here’s what you need to know.
Overtime Pay
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours in a week must be paid overtime at 1.5 times their regular hourly rate. Common violations include misclassifying employees as exempt from overtime or failing to keep accurate time records. If your employer isn’t paying you for overtime hours worked, you may be entitled to back pay and other available remedies. Keeping accurate records of your own hours is one of the most effective ways to protect your earnings.
Minimum Wage and Wage Theft
In Pennsylvania, the minimum wage is $7.25 per hour. Employers can’t require you to pay for work-related expenses that reduce your earnings below that floor. If you’re being paid less than the minimum wage, you may have a legal claim for underpayment.
Philadelphia’s Wage Theft Ordinance, in force since July 1, 2016, gives workers a private right of action for unpaid wages. Available remedies can include liquidated damages equal to the unpaid wages or $500, whichever is greater, plus costs and reasonable attorney fees. Enforcement got stronger in May 2025, when Mayor Cherelle L. Parker signed the Protect Our Workers, Enforce Rights (POWER) Act, which took effect immediately. The POWER Act gives the Office of Worker Protections authority to initiate investigations independently, subpoena records, and maintain a publicly accessible Bad Actors Database of repeat-violating employers whose business licenses may be subject to revocation through the Office’s process. Wage and hour claims are sometimes brought as class actions when an employer has violated the rights of multiple employees in the same way.
If you aren’t receiving the compensation you’re owed, a Philadelphia employment attorney can help you understand your rights and take action.
Workplace Retaliation
It’s illegal for your employer to retaliate against you for standing up for your rights. Protected activities include reporting illegal conduct, filing a workers’ compensation claim, complaining about discrimination or harassment, and participating in anti-discrimination proceedings. If your employer responds with adverse action, that response may constitute unlawful retaliation.
Adverse actions that may constitute retaliation include:
- Demotion or termination
- Reduction in hours or pay cuts
- Unfavorable changes in job duties
- Unjustified performance reviews
Under the POWER Act, any adverse employer action taken within 90 days of an employee engaging in protected activity under Philadelphia’s paid sick time provisions triggers a presumption of retaliation, subject to the Office of Worker Protections’ review process. Document every retaliatory action with dates, communications, and witness information. That record helps build the foundation of your claim. The Pennsylvania Human Relations Act provides clear paths to justice for workers who face retaliation, and our attorneys can help you file a claim and hold your employer accountable.
Whistleblower Protections
Employees who report unsafe working conditions, fraud, or illegal activities are protected under both state and federal whistleblower laws. The Pennsylvania Whistleblower Law prohibits employers from terminating, threatening, or discriminating against an employee who makes a good-faith report of wrongdoing. Federal whistleblower protection generally covers employees who have a reasonable belief that a federal law or regulation was violated and report it in good faith.
The POWER Act’s enhanced anti-retaliation provisions add a further layer of protection for Philadelphia workers who report violations or assert their rights under the city’s worker protection ordinances. If you’ve been retaliated against after reporting a workplace violation, you may have grounds for a whistleblower claim. Document your concerns, report through appropriate channels, and consult a Philadelphia employment attorney promptly to preserve your options. Our attorneys can help protect your rights and work to reduce the risk that you’re penalized for doing the right thing.
Wrongful Termination in Philadelphia
Pennsylvania is generally an at-will employment state, meaning employers can terminate employees with or without cause. But that rule has meaningful limits. Under Philadelphia and Pennsylvania law, employers can’t fire someone based on race, gender, disability, age, sexual orientation, or any other protected class. Additional exceptions apply when an employee is fired for filing a workers’ compensation claim, making an OSHA complaint, serving on a jury, or refusing to perform an illegal act.
If you believe you were fired, let go, or laid off unlawfully, we can investigate the situation and assess whether there were lawful grounds for your termination.
Severance Negotiations
Pennsylvania employers aren’t required to pay severance under federal or state law unless severance was provided for in an employment contract you signed when hired. If you’ve been laid off and offered a package, we encourage you to contact our attorneys before signing anything. We can evaluate the offer and may be able to help you negotiate a better outcome.
Severance agreements often include non-compete clauses and waivers of legal claims that deserve careful review. Accepting without that review can limit your future employment options or release claims you didn’t know you had. Employees 40 and older have additional protections under the Older Workers Benefit Protection Act, including the right to at least 21 days to consider any agreement requiring a waiver of age discrimination claims, and 7 days to revoke after signing. Local counsel can help you evaluate whether the agreement reflects its terms and potential value.
How We Approach Employment Cases
When you reach out to Mincey Fitzpatrick Ross, LLC about a workplace problem, we start by listening carefully to what happened and how it’s affecting you. From there, we evaluate which federal, Pennsylvania, and Philadelphia-specific laws may apply and explain your options in clear, practical terms. We help you decide whether to report the issue internally, file with an agency such as the Pennsylvania Human Relations Commission, or pursue a lawsuit in a court like the Philadelphia Court of Common Pleas.
We also know that job loss, harassment, and retaliation are stressful. We focus on both the legal and personal dimensions of your situation. We help you gather documents, build a timeline of events, and preserve evidence such as emails, performance reviews, and text messages. That methodical approach can help you make informed choices about settlement, continued employment, or civil litigation.
In many matters, our team can:
- Review your documents to identify contracts, handbooks, or policies that may support your claims
- Assess deadlines for filing with agencies or courts so important rights aren’t lost
- Develop a strategy that fits your goals, whether that’s compensation, policy change, or both
Because our practice includes civil rights and complex litigation, we’re prepared to handle employment cases that overlap with discrimination, constitutional issues, or criminal investigations. Whether your case is resolved through negotiation, administrative hearings, or in a Philadelphia courtroom, we keep you informed at every step.
Family & Medical Leave (FMLA)
Under the federal Family and Medical Leave Act, eligible employees are entitled to up to 12 weeks of job-protected unpaid leave per 12-month period for qualifying family or medical reasons. FMLA applies to employers with at least 50 employees within 75 miles. To be eligible, you must have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior 12-month period. If your employer has refused to grant qualifying leave or replaced you during an approved absence, you may have grounds for a lawsuit. Upon your return, your employer must restore you to the same or an equivalent position. Our Philadelphia employment attorneys can help you pursue justice when FMLA rights have been violated.
Employee Rights to Unionize
Unionization is a right protected under the National Labor Relations Act. Employees can organize for better wages, benefits, and working conditions, and employers are prohibited from retaliating against or interfering with workers engaged in organizing activity. Philadelphia has a historically strong union presence that reflects the city’s commitment to worker rights. We can guide employees through the unionization process and address any employer violations that arise along the way.
Non-Compete Agreements & Employment Contract Review
Non-compete agreements are legally enforceable in Pennsylvania, but courts apply a reasonableness assessment before upholding them. That assessment weighs the duration of the restriction, its geographic scope, and how significantly it limits your ability to find work. A clause that passes this test in one situation may be overbroad in another, and employers sometimes attempt enforcement regardless.
Employment contracts can also include terms of employment, severance provisions, and other language that limits your rights in ways that aren’t obvious at signing. Having a Philadelphia employment attorney review any agreement before you sign gives you a clear picture of what you’re agreeing to. If you’re already facing enforcement of a non-compete, we can evaluate whether it’s enforceable and advise on negotiation, challenge, or litigation depending on your situation.
Need help with a workplace issue? Contact us at (215) 550-1999 to discuss your case with one of our Philadelphia employment attorneys.
Frequently Asked Questions
What should I do if I believe I’m not getting paid correctly?
Start by reviewing your pay stubs and time records. Keep a log of your hours and compare them to your paycheck. If discrepancies exist, contact an employment lawyer who can help you determine whether you have a claim for wage theft or other violations.
Can my employer fire me for reporting harassment or discrimination?
No. Retaliating against an employee for reporting harassment, discrimination, or other unlawful conduct is illegal. If this happens, you may have a claim for wrongful termination or retaliation. Document the incident and consult an attorney as soon as possible.
What is the difference between “salaried” and “hourly” employees when it comes to overtime?
Hourly employees are generally entitled to overtime for any hours worked over 40 in a workweek. Salaried employees may be exempt if they meet a specific salary threshold and perform duties that qualify them for exempt status under the FLSA. Whether you’re properly classified depends on the specifics of your role.
What can I do if my employer refuses to pay severance after termination?
If severance was provided for in an employment contract or through company policy, your employer’s refusal to pay may constitute a breach of contract. An attorney can help you negotiate or pursue a legal claim to seek recovery of unpaid severance.
How can I protect myself as a whistleblower?
Document your concerns thoroughly and report them through the appropriate channels. State and federal whistleblower laws provide important protections, but following proper procedures matters. If you face retaliation after reporting, consult an employment attorney promptly to preserve your legal options.
What Is Wrongful Termination, and How Do I Know If I’ve Been Wrongfully Fired?
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or violation of an employment contract. If you believe you were fired because of your race, gender, disability, or for reporting misconduct, you may have a claim. An employment attorney can review the circumstances and advise on whether legal action is appropriate.
Is Non-Compete Enforcement Allowed in Philadelphia?
Non-compete agreements can be legally binding in Pennsylvania, but courts assess whether they’re reasonable in duration, geographic scope, and extent of restriction. An agreement that’s overbroad may not be enforceable as written. If you’re facing enforcement of a non-compete, review it with an attorney before accepting its terms or signing anything new.
Can my employer change my job duties without my consent?
In most cases, yes, unless the change violates your employment contract, state or federal labor laws, or results in discrimination. If the change significantly alters your role or constitutes constructive dismissal, you may want to consult an attorney to understand whether you have a legal basis to push back.
How Do I File a Discrimination Complaint in Philadelphia?
File with the Philadelphia Commission on Human Relations within 180 days of the alleged discrimination. Your filing may also be cross-filed with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission under work-sharing agreements. If the PCHR doesn’t resolve the complaint within one year, you may bring a civil action in the Court of Common Pleas of Philadelphia County within two years of the closure notice. An employment attorney can help make sure your complaint is filed correctly and on time.
Ready to talk through your situation? Contact us at (215) 550-1999 for a free consultation with our Philadelphia employment lawyers.
