Sue Employer for Unpaid Wages in Pennsylvania

Under both federal and Pennsylvania labor laws, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover their unpaid wages. Workers in Pennsylvania have a right to receive fair wages that are paid promptly and accurately under the federal Fair Labor Standards Act (FLSA) and the Pennsylvania Wage Payment and Collection Law (WPCL).

Employers who violate these laws may be liable to pay their employees their unpaid wages, an amount for damages, and attorney’s fees. In addition, a person who has the authority to make decisions about an employer’s payment of wages may be personally liable for any violation and can be sued to recover unpaid wages and other damages as provided by Pennsylvania law.

A worker may recover wages they are owed by their employer as follows:

• A Federal Claim for Unpaid Wages: A person may submit a claim for unpaid wages to the Wage and Hour Division of the federal Department of Labor. A claim might involve hourly wages as well as unpaid overtime pay to which a person is entitled under federal wage laws.
  • In addition, an employer who violates the FLSA may have to pay the employee not only their unpaid wages but also liquidated damages in an amount equal to 200% of the unpaid wages.
• WPCL Claim for Unpaid Wages: A person may file a wage and hour lawsuit in a Pennsylvania civil court. The WPCL requires an employer to pay both past due wages and a monetary penalty if unpaid wages are more than 30 days past due. The employee may recover their unpaid wages, plus interest and additional damages in an amount that equals 125% of the unpaid wages. If an employee’s claim is successful, the employee can recover their attorney’s fees and court costs also.
• Individual Liability of Employer: In Pennsylvania, a company’s owners may be personally liable to the company’s employees for unpaid wages, damages, and costs if the company should be unable to pay. Executive officers of the employer may also be personally liable if they participated in any decision not to pay an employee wages they were owed.
  • Other personnel who have the authority to make decisions may be personally liable as well to pay an employee’s unpaid wages. If the staff member of an employer participates in a decision not to pay an employee, that person becomes the employer’s agent. As an agent of the employer, they may be personally liable. An employee may file a claim against the person and recover both their unpaid wages, damages, costs, and the penalties noted above.

A person who is a salaried employee with an employment contract would be able to file an employment complaint against their employer in a Pennsylvania civil court for breach of contract if their employer does not pay them what they owe under their contract.

Per definitions in Pennsylvania employment laws, wages include not only the pay and benefits that a worker earns but also other benefits that they are promised, such as room and board, clothing, e.g., uniforms, vacation pay, and sick pay.⁠

It is against the law for Pennsylvania employers to pay employees less than the hourly minimum wage. Also, an employer owes their employee all of the wages they have earned per any employment contract they may have.

A local Pennsylvania lawyer would be able to explain all the options to a person.

What Should I Do if My Employer Has Not Paid Me?

If an employer fails to pay an employee, the employee may recover the full amount of money they are owed in a claim or lawsuit, as explained above.

They may file a claim with the federal Department of Labor or a lawsuit in a Pennsylvania civil court.

How Do I File an Unpaid Wages Complaint?

A person who has not been paid the wages or other benefits they are owed by their employer may file a back wage claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and recovers the unpaid wages for the employee.

A person may also file an unpaid wages lawsuit in a Pennsylvania civil court. They would choose the right court depending on the amount of money they seek to recover.

How Much Can I Sue for Unpaid Wages?

Under the federal Fair Labor Standards Act (FLSA), a person is entitled to be paid the highest minimum wage that applies where they work, whether it is local, state, or federal.

Currently, the Pennsylvania minimum wage, $7.25 per hour, is the same as the federal minimum wage. So, in Pennsylvania, a person should be paid the federal minimum wage or a higher local wage if there is a local minimum wage.

When a person figures out how much their employer owes them in back pay, they want to calculate how much they were paid, if anything, and what they should have been paid. They would then multiply that amount by the number of hours for which they should be paid.

A person may also file an unpaid wages lawsuit in a Pennsylvania civil court. As noted above, if a person files their claim in a Pennsylvania civil court, in some situations, they may seek 1.25 times the actual amount they are owed. In addition, they may recover their attorney’s fees, if they have an attorney representing them, as well as their court costs.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Of course, the amount a person can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly interest and attorney’s fees and costs.

In addition, they might be able to recover the penalty that is allowed by Pennsylvania law, as noted above. Other penalties might be owed by the employer depending on state or federal law. A lawyer would be able to help a person determine exactly how much they might recover.

How Can I Prove an Unpaid Wages Claim?

In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a person may be able to recover the following:

• The full amount of unpaid wages and benefits they are owed
• Interest on the full amount of unpaid wages and benefits
• Reasonable attorney’s fees and court costs.

As noted above, in some cases, in a lawsuit in a Pennsylvania court, they may be able to recover an amount equal to 1.25 times the amount they are owed in addition to attorney’s fees and costs.

What Kind of Lawyer Do I Need for Unpaid Wages Claims?

If your employer has not paid you the wages or benefits that you are owed, you want to consult a Pennsylvania employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed.