On September 17th, 2019, a group of Philadelphia correctional officers filed a legal complaint about wage violations in the U.S. District Court for the Eastern District of Pennsylvania against the city of Philadelphia. Their complaint specifically cites the Fair Labor Standards Act.
Correctional Officers Sue The City Of Philadelphia
Per the complaint, the officers allege that they perform non-exempt work during shifts and that typically, they receive a rate of one and a half their regular wage for overtime that occurs. But recently the city switched to a computerized system and overtime has not been paid since April 12th, 2019. The plaintiffs further allege that the computerized system fails to properly keep track of their overtime hours.
After Officers Sue City Of Philadelphia Over OnePhilly Payroll System, Other Unions Follow Suit
It’s not just the city correctional officers that have been impacted by the new payroll system which is called OnePhilly. Thousands of Philadelphia employees throughout numerous industries have been impacted, claiming that their paychecks are incorrect. So far, city officials have had to write more than 5,000 supplemental checks in order to compensate for the mistakes that have been made.
The largest problem, however, seems to center around overtime. One union has alleged that their workers have been significantly shorted in overtime pay, receiving only 66% of the pay they should have obtained.
Despite thousands of complaints and union officials working to protect their members, the city hasn’t resolved the issue that is causing so many errors. It is because of this failure to fix the overall problem that several unions, representing nearly 10,000 workers, have decided to also take legal action.
The head of the Philadelphia police union has even called for a change in leadership of the council that oversees the OnePhilly Payroll system, hoping that someone will step up to make sure that hardworking community members finally get the pay they are owed and deserve.
Can A City Really Be Sued By Workers?
Absolutely. A state, city, or town can be sued if employees are not paid properly, just like any other employer. That being said, it’s important to work with a law firm that has the resources needed to take on a defendant who is sure to have a large legal team on their side.
Unpaid Overtime Lawsuits: Why Should Workers Consider Taking Legal Action?
Mistakes happen and most employers are happy to rectify any issues with a paycheck. However, many employers also go to great lengths to ensure that they can pay as little as possible to employees. Some of the most common wage violations include:
- Failing To Pay Overtime Correctly – After 40 hours, workers must be paid 1 1/2 times their normal rate. It’s fairly simple and yet for some reason, calculating this amount seems to be difficult in many instances.
- Not Paying For “Off-The-Clock” Work – Every task that relates to work needs to be paid for, yet over and over again employees are not paid for work they do while not on the clock.
- Stealing Tips – Employees are entitled to the tips they earn and employers cannot keep tips.
- Paying Less Than Minimum Wage – Yes, it might be hard to believe, but it’s true. Some employers still try to pay less than the minimum wage.
If you believe that you have been the victim of a wage violation the best thing to do is speak with your employer – it’s possible they didn’t know an issue had occurred. If they fail to rectify the situation, contact an attorney immediately.
How Can A Wage Violation Attorney Help Me?
At Wage Advocates, our goal is to make sure that our clients get the pay they deserve.
Our legal team can review your case, determine how much you are owed, and can help you take the battle to the courtroom. We will prepare both you and your case for trial and fight aggressively to ensure that you and your coworkers get justice. Call today for a free consultation.