Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When you file a lost wage claim in Pennsylvania—for unpaid wages, overtime or other compensation—accuracy in naming your employer is critical. Misnaming the employer can delay your claim or result in outright dismissal. Many businesses operate under a “doing business as” (d/b/a) name, but federal and state agencies, courts, and the Pennsylvania Department of Labor & Industry require you to use the employer’s legal name.
1. Identify the Employer’s Legal Name
Start by examining official documents. Review your W-2 form, your pay stubs and any employment contracts. The entity listed for tax withholding is typically the employer’s legal name.
2. Confirm via Pennsylvania Department of State Database
If you only know the d/b/a name (for example, “XYZ Coffee Shop”), use the Pennsylvania Department of State Business Entity Search to locate the underlying corporation or LLC. Visit the Corporations Bureau search portal: https://www.corporations.pa.gov/search/corpsearch. Enter the d/b/a name to find the registered entity name, such as “ABC Hospitality Group, LLC.”
3. Drafting Your Claim
Once you know the legal name, list both names in your claim: e.g., “ABC Hospitality Group, LLC, doing business as XYZ Coffee Shop.” This alerts the agency or court to the relationship. Pennsylvania courts allow you to add “d/b/a” designations to identify the actual employer.
4. Statutory Basis and Filing Location
Lost wage claims in Pennsylvania fall under the Pennsylvania Wage Payment and Collection Law (43 P.S. §260.1 et seq.). You can file a Complaint for Unpaid Wages with the Bureau of Labor Law Compliance within the Department of Labor & Industry: https://www.dli.pa.gov.
5. Attach Evidence
Include copies of pay stubs, time records and correspondence showing the d/b/a name. Provide the printout from the Department of State search confirming the legal name. Clear documentation strengthens your claim and reduces back-and-forth requests for clarification.
Helpful Hints
- Check your final pay stub or W-2 for the exact employer name used for tax reporting.
- Use the Pennsylvania Department of State business search to verify entity details.
- List both names: legal name first, then “d/b/a” followed by the trade name.
- Attach evidence: pay records, entity search results and any written communications.
- If you cannot locate the legal name, consider hiring a private investigator or attorney to do a more thorough search.
- Keep all deadlines in mind. Under 43 P.S. §260.9, you generally have up to three years to file a wage payment claim.