WAGE AND HOUR DEMAND LETTER
Pennsylvania Minimum Wage Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Pennsylvania ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Pennsylvania Bar ID Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Pennsylvania Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Pennsylvania Minimum Wage Act, 43 P.S. Section 333.101 et seq., and the Pennsylvania Wage Payment and Collection Law, 43 P.S. Section 260.1 et seq.
Please direct all further communications regarding this matter to our office.
I. PENNSYLVANIA-SPECIFIC LEGAL FRAMEWORK
A. Pennsylvania Minimum Wage
Pennsylvania's minimum wage is $7.25 per hour, equal to the federal minimum wage. 43 P.S. Section 333.104. Note that Philadelphia has a higher minimum wage for city contractors and certain employees.
Pennsylvania allows a tip credit of up to $4.42 per hour, meaning tipped employees must receive a cash wage of at least $2.83 per hour plus tips equaling the minimum wage. 43 P.S. Section 333.103.
B. Overtime Requirements
Pennsylvania follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. 43 P.S. Section 333.104(c). Pennsylvania does not require daily overtime.
C. Meal and Rest Break Requirements
Pennsylvania law does not mandate meal or rest breaks for adult employees. However:
- Minors ages 14-17 must receive a 30-minute break after 5 consecutive hours. 43 P.S. Section 40.3.
- If breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the Pennsylvania Wage Payment and Collection Law (WPCL):
- Regular Pay Periods: Wages must be paid at regular intervals not exceeding semi-monthly. 43 P.S. Section 260.3.
- Termination: All wages due must be paid on the next regular payday. 43 P.S. Section 260.5.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Pennsylvania Minimum Wage Act | 3 years | 43 P.S. Section 333.113 |
| Pennsylvania WPCL | 3 years | 43 P.S. Section 260.9a |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (100%). 29 U.S.C. Section 216(b).
Pennsylvania WPCL Liquidated Damages: Under 43 P.S. Section 260.10, employees may recover:
- The unpaid wages; plus
- Liquidated damages of 25% of the total wages due; plus
- Attorney's fees and costs.
Note: FLSA liquidated damages (100%) are more favorable than WPCL (25%), so FLSA claims are generally preferable for overtime violations.
G. Attorney's Fees
Both the FLSA and Pennsylvania WPCL provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); 43 P.S. Section 260.9a.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Pennsylvania wage and hour laws by:
- [ ] Failing to pay the minimum wage required under federal/state law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages in violation of 43 P.S. Section 260.3
- [ ] Failing to pay all wages due upon termination on the next regular payday
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Pennsylvania Minimum Wage Act Violations
[Company Short Name] violated the Pennsylvania Minimum Wage Act by [describe violation]. 43 P.S. Section 333.104.
C. Pennsylvania Wage Payment and Collection Law Violations
[Company Short Name] violated the Pennsylvania WPCL by:
- [ ] Failing to pay wages at regular intervals. 43 P.S. Section 260.3.
- [ ] Failing to pay all wages due on the next regular payday after termination. 43 P.S. Section 260.5.
- [ ] Making unauthorized deductions from wages. 43 P.S. Section 260.3.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Unlawful Deductions | [Description] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages (100%): $[Amount]
C. Pennsylvania WPCL Liquidated Damages
Liquidated damages of 25% of unpaid wages: $[Amount]
Note: FLSA liquidated damages generally provide greater recovery for overtime violations.
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages (100%) | $[Amount] |
| PA WPCL Liquidated Damages (25%) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Pennsylvania Court of Common Pleas, [County] County, or United States District Court for the [Eastern/Middle/Western] District of Pennsylvania.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Pennsylvania Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Pennsylvania Bar ID No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)