Nationwide Wage Theft And Unpaid Overtime Class Action Attorneys
Wage theft is a common problem affecting employees across the country. Although federal and state laws prohibit employers from withholding earned wages, some employers continue to engage in unlawful practices. That is when clients come to us.
Edelson Lechtzin LLP represents employees in wage and hour class actions and collective actions nationwide from our offices in Pennsylvania and California. We pursue claims under the Fair Labor Standards Act (FLSA), the California Labor Code, the Pennsylvania Minimum Wage Act (PMWA) and the Pennsylvania Wage Payment and Collection Law (WPCL).
Whether an employer requires off-the-clock work, misclassifies employees to avoid paying overtime or unlawfully withholds earned wages, we work to hold employers accountable under applicable federal and state laws. Our firm has recovered more than $1 billion for our clients by holding companies accountable for violations of employees’ wage and hour rights.
California, Pennsylvania And Federal Wage Protections
Although federal law establishes nationwide wage protections, California and Pennsylvania provide additional employee rights that may apply depending on where the work occurred.
| State / Jurisdiction | Key Labor Protections | Statute of Limitations | Unique Legal Claims |
| California | Daily overtime (>8 hrs/day), double time (>12 hrs/day), mandatory meal and paid rest break protections, waiting time penalties | Up to 3 years (4 years under Unfair Competition Law / Business & Professions Code 17200) | PAGA Claims (Private Attorneys General Act), itemized paystub violations (Labor Code § 226) |
| Pennsylvania | Weekly overtime (>40 hrs/week) under PMWA; liquidated damages and statutory attorneys’ fees under the WPCL | Up to 3 years under the PMWA & WPCL | WPCL claims, including statutory liquidated damages in appropriate cases |
| Federal | FLSA minimum wage ($7.25 baseline) and 1.5x overtime (>40 hrs/week) across all 50 states | 2 years standard; 3 years for willful violations | FLSA Collective Actions (29 U.S.C. § 216(b) opt-in suits) |
Holding Employers Accountable For Wage Theft
Wage theft takes many forms, and employees often do not realize that an employer’s pay practices violate federal or state law. Some violations result from poor payroll practices, while others stem from deliberate efforts to reduce labor costs. We represent employees in class actions, collective actions and other wage and hour litigation involving unlawful pay practices.
Off-The-Clock Work And Time Shaving
Some employers require employees to perform work before clocking in or after clocking out without compensation. Common examples include:
- Setting up equipment before a scheduled shift
- Cleaning work areas after clocking out
- Responding to work emails, text messages or phone calls outside scheduled hours
- Attending mandatory meetings or training sessions without pay
These practices may violate federal or state wage and hour laws when employees perform compensable work without receiving the wages they have earned.
Overtime Violations
Employers must pay overtime when employees qualify under applicable law. Under the FLSA and the PMWA, most nonexempt employees earn overtime after working more than 40 hours in a workweek. California law provides even broader protections, including daily overtime after eight hours in a workday and double time in certain circumstances. Improper overtime calculations remain one of the most common forms of wage theft.
Worker Misclassification
Some employers incorrectly classify workers as exempt employees or independent contractors to avoid complying with wage and hour laws. Misclassification can deny employees overtime pay, required meal and rest breaks, and other legal protections. Whether an employee qualifies as exempt depends on the actual job duties performed, not the job title an employer assigns.
Meal, Rest Break And Tip Violations
Wage theft can also occur when employers automatically deduct meal periods that employees never receive or require them to work through unpaid breaks. California law, including the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders, establishes specific meal and rest break requirements, while other wage and hour protections vary by state. Employers may also violate the law through unlawful tip practices, including improper tip pooling or keeping tips earned by employees.
Frequently Asked Questions About Wage Theft
The answers below address some of the most common questions employees ask about wage theft claims under federal, California and Pennsylvania law.
What is the difference between a California wage theft claim and a Pennsylvania wage theft claim?
California employees may pursue claims under the California Labor Code and, in some cases, the Private Attorneys General Act (PAGA). Pennsylvania employees often bring claims under the PMWA and the WPCL. Employees in both states may also have claims under the FLSA.
How long do I have to file a wage theft claim?
The deadline to file a wage theft claim depends on the law that applies to your case. Under the FLSA, employees generally have two years to file a claim, or three years if the violation was willful. Pennsylvania claims under the PMWA and WPCL generally have a three-year filing deadline. California Labor Code claims also generally allow up to three years, while some claims may be filed within four years under California’s Unfair Competition Law.
Can my employer retaliate against me for reporting wage theft?
Employees often worry about how raising wage and hour concerns could affect their jobs. If you believe your employer took action against you after you reported unpaid wages or participated in a wage and hour claim, we can evaluate your situation and explain the legal options that may be available.
National Practice, Personalized Attention
Wage theft claims often involve complex federal and state laws, particularly when multiple employees experience the same unlawful pay practices. We represent workers nationwide in wage and hour class actions and collective actions, combining the resources of a national practice with the personalized attention each case deserves. If you believe your employer failed to pay the wages you earned, we can evaluate your circumstances and explain the legal options available.
To discuss your potential claim with our experienced wage and hour lawyers, call Edelson Lechtzin LLP at 844-696-7492 or contact us online to schedule a free consultation.
From our San Francisco office, we represent workers throughout the Bay Area and California under the California Department of Industrial Relations (DIR) and Labor Commissioner standards.
From our Pennsylvania office, we represent employees in Philadelphia, Bucks County, Montgomery County and across the commonwealth under the Pennsylvania Department of Labor & Industry.
Because we handle these matters on a contingency fee basis, you pay no attorneys’ fees unless we recover compensation for you.