The case dates back to a 2013 lawsuit centering on the calculation of overtime hours.
In April, the Pennsylvania Supreme Court heard arguments for a 2013 lawsuit over how Pennsylvania’s overtime laws should be interpreted. According to the suit, workers felt they were entitled to more pay under the Pennsylvania Minimum Wage Act than what they were given under the federal Fair Labor Standards Act.
While the Pennsylvania Superior Court sided with employees in 2017, NFIB’s Pennsylvania State Director Gordon Denlinger shared concern for independent businesses as the Pennsylvania Department of Labor and Industry has never clearly defined how to calculate overtime for a fluctuating workweek.
“Businesses of all types and sizes have made their best efforts at correct calculations,” said NFIB’s Pennsylvania State Director Gordon Denlinger in an interview with LVB.com. “Day-in and day-out, small business owners make good-faith efforts to comply with all compensation laws and with our state’s overtime laws, which are clearly confusing and vague. A decision that results in significant payouts will lead to business closures and the loss of some number of jobs.”
NFIB will continue to monitor the case.