On July 16, 2018, the state supreme court agreed to hear a lawsuit about whether a retailer’s method for calculating overtime pay for nonexempt, salaried employees violates the Pennsylvania Minimum Wage Act.
The question to be addressed is whether, when an employee’s weekly salary is paid for all workweek hours based on a regular rate determined by dividing the salary by all hours worked in the week, the employer satisfies state law by paying the employee an additional one-half times the regular rate for overtime hours.
The Pennsylvania Superior Court ruled in December 2017 that, under state law, employers must ...
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