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Woman claims overtime pay did not include commissions

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There are numerous laws at both the state as well as federal level that protect employees from mistreatment at work. Some of those laws have to do with paying employees appropriately for overtime worked. When an employer does not compensate workers appropriately, it is possible that the worker could take legal action against his or her employer. A Pennsylvania woman recently took that course of action. Last month she filed a lawsuit against DAJ Wireless company and another individual with ties to the business. 

She alleged that while employed by DAJ, in failing to pay her overtime for the hours she worked, the business violated the:

  • Fair Labor Standards Act
  • Pennsylvania Minimum Wage Act
  • Pennsylvania Wage Payment and Collection Act

The woman claimed that as a sales associate, under the FLSA, she was considered a non-exempt employee. Further, she said that for several months after being hired, she did not receive an hourly wage and instead was paid on a commission-only basis, with cash. After she was placed on the payroll she said she was paid overtime when she worked over 40 hours, but the rate did not take into consideration her commissions.

She is seeking liquidated damages, attorney fees and costs. The liquidated damages equal her actual calculated damages.

Most people who work do so because they do not have a choice. Accordingly, it is problematic when they do not receive the compensation they are owed. While it is unclear how this case will be resolved it is a good example of how a worker might take action against his or her employer or former employer.