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In Budget Deal, Pennsylvania Repeals Overtime Expansion | Ballard Spahr LLP

In October 2020, Pennsylvania regulations took effect that increased the salary threshold for exempt employees to the federal level, and would have increased the threshold above the federal minimum beginning in October 2021. However, a recent budget compromise between Democratic Governor Tom Wolf and a Republican-led state legislature has resulted in the regulations’ As a result, employers can continue to treat employees as exempt if they satisfy the existing Fair Labor Standards Act (“FLSA”) threshold of $684 per week, or $35,568 per year, as well as the applicable duties test.  Employers should review salaried employees’ compensation and duties to ensure FLSA compliance, as well as compliance with the existing provisions of the Pennsylvania Minimum Wage Act that were not impacted by the repeal of the salary regulations.

Restaurant Employees Sue for Pay

Restaurant Employees Sue for Pay 11:29 pm Two former employees of a now-closed State College restaurant have filed a lawsuit, claiming that they are owed, combined, over $500,000 in lost wages. According to documents, the two plaintiffs filed the suit Thursday against John’s Shanghai, and its owner, Danny Xue. The restaurant, which is located along West Beaver Ave., closed on May 1st. The two former workers claim Xue violated the Fair Labor Standards Act, Pennsylvania Minimum Wage Act and the Pennsylvania Wage and Collection Law by not fully compensating them for the long hours that they worked. The plaintiffs also allege that Xue failed to keep full and accurate records, and that they were never notified of their rate of pay or of any benefits.

Former employees sue State College restaurant for alleged labor, wage violations

Jian Zhong Xue and Raymond Chow filed a lawsuit against former State College restaurant John s Shanghai and owner Yun Xue Thursday in the Middle District Court of Pennsylvania. According to the filed complaint, Zhong Xue and Chow are suing John s Shanghai, which was located at 312 W. Beaver Ave. until its closure in May, for alleged violation of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act of 1968 and Pennsylvania Wage Payment and Collection Law. Xue s alleged acts were knowingly, intentionally and willfully against the plaintiffs, who stated they are also representing their fellow employees with the lawsuit. Xue allegedly failed to pay minimum wage, overtime compensation and provide accurate records of employee s hours, according to the report.

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