I work in PA. I am a Full time non exempt employee. My emplloyer is offering overtime for what they are calling a "2nd job" but the "2nd job...

Question

I work in PA. I am a Full time non exempt employee. My emplloyer is offering overtime for what they are calling a "2nd job" but the "2nd job" is directly related to the job we are all currently doing. the problem lies within the fact that my current rate of salary is approx $17/hr.... instead of the time and a half for overtime being based on my normal hourly rate, they are trying to assign a lower hourly rate for this "2nd job overtime". is that legal?

Answer

I don't think so. I suggest you contact the Wage & Hour division of the PA Dept or Industry Labor or the US Dept of Labor. If this is being done with many employees, and you would prefer private representation, contact me at 610-584-9400 and I will be glad to give you the contact information for a Phila area firm that handles those kids of cases.