Pennsylvania Labor Laws

The Fair Labor Standards Act (FLSA), enacted and enforced by the U.S. Department of Labor, establishes national standards for minimum wage and overtime. The Pennsylvania Department of Labor is responsible for upholding the FLSA, as well as additional Pennsylvania-specific labor laws. If you are a Pennsylvania employee, it is important that you familiarize yourself with these Federal and state laws so that you know when your rights are being violated.

Pennsylvania Overtime

Pennsylvania overtime refers to any hours worked in excess of 40 in a workweek. The term "workweek" has a specific legal definition: seven consecutive days, beginning on whatever day the employer chooses. However, the workweek must always begin on that same day for the duration of an individual's employment. Two or more workweeks cannot be averaged to determine overtime hours. Each week stands on its own.

Not everyone is entitled to overtime in Pennsylvania. The law has categories of worker types and business types that are exempt. For non-exempt employees, overtime pay in Pennsylvania is 1.5 times an employee's regular rate of hourly pay. According to Pennsylvania labor law:

The regular rate of pay must include any commissions or other performance-based bonuses, but not holiday bonuses or any other kind of cash incentive that isn't measurable by work performance.
A salaried employee may be eligible for overtime. Exemptions exist only for those who are in executive, administrative, or professional positions, and who make at least $455 a week in salary. A salaried employee's regular rate of hourly pay is his or her salary divided by weeks in the year and hours in a workweek. In other words, salary ÷ 52 ÷ 40.
In cases where Federal and state labor laws conflict, the law giving the most benefit to the employee is upheld. Therefore, while the FLSA restricts employees making $100,000 a year or more from being entitled to time-and-a-half pay, Pennsylvania overtime law does not put a cap on salaries that qualify for overtime.
Computer workers are entitled to overtime pay in Pennsylvania, even though they are considered exempt under the FLSA.
Pennsylvania Minimum Wage

The minimum wage in Pennsylvania is the same as the national minimum wage: $7.25 an hour. Employees that are not exempt (see above) must be paid at this rate, irrespective of the method of payment. That is, day laborers, tipped employees (at least $30 a month), and employees working on a piece rate or commission basis must make at least $7.25 an hour when their total pay is divided by their hours worked. If tipped employees do not make enough in tipped wages to equal the minimum wage, their employer must cover the difference.

If you believe you have had wages withheld from you, this wage and hour law information cannot replace professional legal advice.

IQOvertime has more information on Pennsylvania labor law and a network of experienced overtime lawyers who are dedicated to helping people like you.