Ovetime, demanded stays without overtime and sexual harrasement

Hi Mel,

I have a couple of questions for you any answers would help. First, I was required by my employer to stay after the usual 8 hour work day to satisfy the owner of the company and prove that I was a committed employee. I would not have a problem staying after the normal time when it was necessary and I had work to perform. However, I did not see the point in staying without appropriate duties to complete. I was not offered overtime for these stays. Two, when overtime was needed, employees would be compensated the following month at the end of this month for overtime made the previous month. (ie. Overtime for the week of February 6 thru February 12 would be paid on March 31). Three, I was also sexually harrassed by the Senior Vice President with lude and sexually offensive jokes and comments. Thank you in advance for your comments on these matters. Please let me know if this is legal?

1 answer  |  asked Mar 14, 2005 3:18 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You are owed overtime pay in the next pay check, and may be required to work overtime.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, your employer may require that you work overtime; whether it appears to be a productive use of your time is generally irrelevant. However, overtime wages are "payable in the next succeeding pay period" under the Wage Payment and Collection Law {"WPCL"}. Holding overtime pay for more than a pay period is illegal under the WPCL.

The lewd jokes and comments may be illegal sexual harassment. If they occurred enough to be pervasive, you may have a claim. The courts do not consider a few jokes enough to rise to the level of illegal sexual harassment, no matter how wrong or inappropritae they are. To properly respond to your question, more facts concerning the occurrence and nature of the sexually harassing environment would be required.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Mar 14, 2005 3:39 PM [EST]

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