Scranton Moosic Work Injury- Employee Wage Question

Posted by Tom Cummings & filed under DLP Law.


Sally had worked for the Special Delivery Maternity Hospital for a number of years. Sally’s work schedule was what is referred to as a “long week/short week”. One week she would work 32 hours and the following week she would work 48 hours. As she was paid every two weeks, her employer did not pay her overtime for the week she worked 48 hours as they took the position that her pay should be based on the average hours worked for the two week period which was 40 hours per week.

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

Answer: Yes. Under Pennsylvania law, 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.

About the Author

Tom Cummings

E-mail: Tom Cummings
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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 and Social Security Disability cases.

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