Wage and Hour Disputes in Pennsylvania

Background

“The Wage Payment and Collection Law (WPCL) imposes civil liability upon certain persons and entities falling within the statutory definition of employer for unpaid wages owed to employees.” (See Mohney v. McClure (1992) 529 Pa. 430, 431.)

“The WPCL provides employees with a means of enforcing payment of wages and compensation withheld by an employer.” (See Hirsch v. EPL Technologies, Inc. (2006) 910 A.2d 84, 86 n.4.)

General Information for Complaints and Motions

“The WPCL does not create a statutory right to compensation. Rather, it provides a statutory remedy when the employer breaches a contractual right to earned wages.” (See Yablonski v. Keevican Weiss Bauerle & Hirsch LLC (2018) 197 A.3d 1234, 1238.)

“Whether specific wages are due is determined by the terms of the contract." (See id.)

“Wages include all earnings of an employe[e], regardless of whether determined on time, task, piece, commission or other method of calculation." (See id.)

“The WPCL requires employers to pay wages on regular paydays designated in advance by the employer." (See id.)

"All wages ... earned in any pay period shall be due and payable within the number of days after the expiration of said pay period as provided in a written contract of employment or, if not so specified, within the standard time lapse customary in the trade or within 15 days from the end of such pay period." (See id.)

“The WPCL authorizes an employee to bring a civil action to recover unpaid wages.” (See id.)

“In addition to permitting recovery of the unpaid wages, the WPCL authorizes the employee to recover liquidated damages in certain situations.” (See id.)

Standard of Review and Burdens of Proof

“The scope of this Court's review of a grant or denial of summary judgment is limited to determining whether the trial court committed an error of law or an abuse of discretion.” (See Kaplan v. Se. Pa. Transp. Auth. (1997) 688 A.2d 736, 738 n. 2; Quinones v. Commonwealth (2012) 45 A.3d 467, 469 n.1.)

“Summary judgment is appropriate only when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” (See Guy M. Cooper, Inc. v. E. Penn Sch. Dist. (2006) 903 A.2d 608, 613; Quinones v. Commonwealth (2012) 45 A.3d 467, 469 n.1.)

“The appellate standard of review is de novo when a reviewing court considers questions of law.” (See Weaver v. Lancaster Newspapers, Inc. (2007) 592 Pa. 458, 926 A.2d 899; Quinones v. Commonwealth (2012) 45 A.3d 467, 469 n.1.)

“In reviewing questions of law, the scope of review is plenary, as the reviewing court may examine the entire contents of the record.” (See id.)

The Court’s Decisions

It is well settled that “pursuant to Section 3(a) of the Wage Law, which is implicated whenever a claimant asserts that he quit due to an employer's failure to properly pay wages,[e]very employer shall pay all wages . . . due to his employes on regular paydays designated in advance by the employer. Overtime wages may be considered as wages earned and payable in the next succeeding pay period. All wages . . . earned in any pay period shall be due and payable within the number of days after the expiration of said pay period as provided in a written contract of employment.” (See Weavertown Transp. Leasing v. Unemployment Comp. Bd. of Review, No. 1506 C.D. 2014, at *6-7 (Pa. Cmmw. Ct. June 8, 2015).)

It is also well settled that "employees are well within their rights to demand timely payment for work performed and that payment as agreed for services rendered is the very essence of an employment relationship, such that no employee can be compelled to work without payment.” (See id.)