Wage Claim Question

Date: March 24, 2010

Carolyn had worked for the Good Health Hospital for a number of years. Carolyn worked what is referred to as a “long week/short week” plan. One week she would work 32 hours a week, and then the next week she would work 48 hours in a week but was not paid overtime based upon her average hours worked, which came out to 40 hours every two weeks.

Issue: Carolyn inquired as to whether or not she would be entitled to overtime for the one week that she worked 48 hours.

Answer: Yes. Under the appropriate Act in Pennsylvania, all hospital employees are entitled to overtime for hours worked over 40 hours, regardless of a shorter work hour week that may have preceded the overtime week.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.