If you are a current or former TruGreen or Scotts LawnService employee who worked in Philadelphia, Pittsburgh, or elsewhere in Pennsylvania, you may have an overtime claim against your employer. After investigating numerous complaints from employees of these lawn care companies, our wage and hour violation attorneys have determined that these employees may be able to recover years of back pay based on overtime pay violations. Here is why.
Employment matters are regulated by the federal government. Most employers in the United States must comply with the federal Fair Labor Standards Act. This law requires employers to pay employees the federally-established minimum wage. It also requires employers to pay employees overtime wages for all hours beyond 40 that an employee works in a work week.
Employment matters also are regulated by state governments. All 50 states have slightly different employment laws. These laws often track the language of the Fair Labor Standards Act. But, in some cases, a state’s law may impose stricter requirements on an employer than the federal law imposes.
The difference between state and federal laws was recently highlighted by a court decision in Pennsylvania. The issue concerned overtime payments calculated under the fluctuating workweek method. This method is a valid way to calculate overtime pay under federal law. However, the court ruled that this method is impermissible under Pennsylvania state law. That means even if an employer complied with all the requirements imposed by the federal law, the employer still would have violated this state law simply by using that method of calculating overtime pay.
An employer which imposes blanket employment policies on all employees, even if those employees work in different states, runs the risk of violating a particular state’s laws. An employer which does not verify whether its practices are legal in each state in which it employs workers may face serious legal issues.
A Pennsylvania worker who worked as a sales representative or as a maintenance worker at Scotts LawnService or TruGreen may have been paid according to the fluctuating workweek method. This means the employee may have a valid claim for overtime wages against the employer.
Contact the Pennsylvania wage and hour attorneys at Kennedy Hodges LLP. You may reach us by calling our toll-free number (1-888-449-2068) or by submitting an online contact form. Our Pennsylvania overtime attorneys would like to schedule a free consultation to discuss your situation and see how we can help you.