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Date: 08-22-2023

Case Style:

Michael Phillips v. Penske Truck Leasing Co., L.P.

Case Number: 5:22-cv-01889

Judge: Jeffrey L. Schmehl

Court: United States District Court for the Eastern District of Pennsylvania (Lehigh County)

Plaintiff's Attorney: Austin Anderson, Blayne Fisher, Carter Hastings, William Alexander, Michelle Tolodziecki, Bill Hommel, Peter Winebrake

Defendant's Attorney: Jacqueline Barrett and Emily Santoro

Description: Allentown, Pennsylvania employment law lawyers represented Plaintiffs who sued Defendant on a Fair Labor Standards Act failure to pay overtime theory.

"The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting employees in the private sector and in federal, state, and local governments.

The FLSA requires covered employers to pay nonexempt employees one and a half times their regular rate of pay for all hours worked over 40 in a workweek. This is known as overtime pay.

There are a few exceptions to the overtime pay requirement. For example, employers are not required to pay overtime to employees who are:

Exempt from the FLSA: Some employees are exempt from the FLSA's overtime pay requirements. These employees are typically salaried employees who hold positions of high responsibility and are not subject to the same timekeeping requirements as nonexempt employees.
Working in a state that has its own overtime law: Some states have their own overtime laws that are more generous than the FLSA's overtime requirements. In these states, employers are required to follow the state's overtime law instead of the FLSA's overtime law.
Working on a public holiday: Employers are not required to pay overtime to employees who work on a public holiday. However, they may choose to do so.

If you are an employee who believes that you are not being paid overtime, you should speak to your employer. You can also file a complaint with the Wage and Hour Division of the U.S. Department of Labor.

The Wage and Hour Division is a federal agency that enforces the FLSA. They can investigate your complaint and take action against your employer if they find that you are not being paid overtime.

Here are some additional things to keep in mind about overtime pay under the FLSA:

Overtime pay is calculated based on the employee's regular rate of pay. The regular rate of pay is the employee's hourly wage plus any additional compensation that is paid on a regular basis, such as commissions or bonuses.
Overtime pay is not calculated based on the employee's total earnings for the week. This means that if an employee works overtime and also receives a bonus, the bonus will not be included in the calculation of overtime pay.
Overtime pay is not subject to income tax withholding. This means that employees do not have to pay income taxes on overtime pay.

If you have any questions about overtime pay under the FLSA, you should speak to an attorney. An attorney can help you understand your rights and options and protect your interests."

Google Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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