Pennsylvania State Labor Laws
Employees in Pennsylvania are protected by both state and federal overtime pay and labor laws. In several important respects, Pennsylvania overtime laws provides greater rights and protections than federal law does.
The following information is provided as an overview for workers in PA on a number of common areas of concern, including Pennsylvania overtime pay and the application of certain exemptions from the PA overtime pay laws. While individual wage disputes are routinely handled by the PA Department of Labor & Industry, private law firms such as The Lore Law Firm, pursue most claims that involve a failure to pay PA overtime pay. These cases concerning Pennsylvania overtime laws are handled on a contingent fee basis and are usually filed on behalf of the entire class of workers who were denied Pennsylvania overtime pay.
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Pennsylvania’s minimum wage rate is currently $7.25 per hour which is the same as the federal rate
For tipped employees, the minimum wage rate is $2.83 per hour which is higher than the federal rate of $2.13 per hour. The employer must make up the difference if tips and the hourly rate do not meet the Pennsylvania minimum wage rate.
As discussed below, Philadelphia’s law regarding deduction of credit card fees from employee’s tips requires employers to pay employees the full amount of the gratuity that the patron indicated on the credit card slip.
Changes to the Minimum Wage:
Philadelphia Mayor Nutter signed an executive order on May 6, 2014 increasing the minimum wage for city contractors from $10.88 to $12 per hour effective January 1, 2015. This order extended the Philadelphia minimum wage regulations to first-tier subcontractors as well.
On 3/7/2016, Governor Tom Wolf signed an executive order increasing the minimum wage for state workers to $10.15 per hour. While this does not apply to employees who work for private employers, he did call on state legislators to pass a minimum wage increase for all workers in Pennsylvania.
The mayor of Pittsburgh, Bill Peduto, issued an executive order on 11/10/2015 raising the minimum wage for Pittsburgh city employees to $15.00 per hour by the year of 2021. The order raises the minimum wage for city workers to $12.50 in 2017, $13.75 in 2019, and $15.00 in 2021.
Pennsylvania Overtime Regulations
Under Pennsylvania labor laws and overtime rules in PA, overtime pay of at least 1 ½ times the employee’s regular wage rate must be paid for all hours worked over 40 in a workweek.
The Pennsylvania Department of Labor is scheduled to propose regulations in March 2018 that will increase the minimum salary level required to qualify an employee as “exempt” from Pennsylvania’s labor laws on overtime pay.
Specific Overtime Exemptions in Pennsylvania
Under Pennsylvania labor laws, computer employees are not considered exempt as under federal law and, therefore, may be entitled to overtime, unless covered by another exemption.
Pennsylvania labor laws also do not provide an overtime exemption for employees earning more than $100,000 per year as does the federal law.
Outside Sales Employees
Outside sales employees in Pennsylvania must spend more than 80% of their work time away from the employer’s place of business making sales, a more demanding requirement than FLSA’s “primary duty” test. If an employee does not meet these requirements, but is designated as an “outside sales” employee, he may be due unpaid overtime per Pennsylvania overtime laws.
No Chinese Overtime
Pennsylvania labor law also differs from federal law in that it does not allow the use of the fluctuating workweek method (aka Chinese Overtime) of paying overtime to salaried workers whose workweek fluctuates above and below 40 hours per week.
This was confirmed by a recent appellate court opinion holding that, under the Pennsylvania Minimum Wage Act, the “half-time” or fluctuating workweek method of calculating overtime pay for salaried workers in PA is not legal. This can make a significant difference in the amount of overtime pay a salaried non-exempt employee is owed.
For example, according to overtime rules in PA, in a workweek in which 50 hours are worked for a salary of $800, the regular rate of pay would be $16 per hour – using the half-time method each overtime hour would be paid at $8 instead of $24.
Holiday & Vacation Laws
Pennsylvania labor laws do not require that an employee be given paid holidays off or additional pay for working on a holiday.
Pennsylvania state labor laws do not require that employers provide benefits like sick leave, vacation pay or severance pay. If provided, the employer must follow its own policies for these types of payments.
Changes to the Sick Leave Law
Effective May 13, 2015, employees who work at least 40 hours a year within the Philadelphia city limits will be eligible to earn paid and unpaid sick leave. If an employer has 10 or more employees, they must provide paid sick leave. Employers with less than 10 employees, must provide unpaid sick leave. For further details regarding Philadelphia sick leave, please see the Philadelphia Sick Leave Poster.
Meal Break & Rest Period Laws
Meal and rest breaks are not required for employees 18 and over. Minors between 14 and 17 years old must receive a meal break of at least 30 minutes if they work 5 or more consecutive hours.
If an employer does give a break and the break is less than 20 minutes, employees must be paid for this time. If employees are given a meal break lasting more than 20 minutes and are relieved of all work during this period, the employee does not have to pay for this time.
Pay Periods in Pennsylvania
Employers must pay employees on regularly scheduled paydays designated by the employer. Employees must be informed at hiring of the time and place of payment and the pay rate and fringe benefits to be paid. The time between the end of the pay period and the payday must not exceed:
- Time specified in a written contract between the employer and employee
- The standard customary in the trade, or
- 15 days.
Employers may make deductions from wages that are required by law. In addition, employees may give written permission for deductions to be made that benefit the employee; e.g., to pay back a loan from a third party. Blanket authorizations signed at hiring will not be valid. Deductions generally, cannot reduce gross pay below minimum wage.
Employers in Philadelphia must comply with regulations regarding tips left by patrons for employees, including a requirement that all gratuities be paid to employees without deduction, including, in the case of a gratuity paid by credit card, any deduction for credit card processing fees. Employees can receive up to $2,000 per violation plus the amounts that were improperly deducted.
Specifically, the Philadelphia law regarding deduction of credit card fees from employee’s tips states:
An employer that permits patrons to pay gratuities by credit card shall pay employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deduction for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment.
Pennsylvania labor laws require that employees be provided with a pay stub for each pay period. The stub must show the beginning and ending dates of the pay period, the number of hours worked, the pay rate, the amount earned, itemized deductions, and net pay.
Do you feel as though you have been paid incorrectly or are owed overtime pay? Fill out a case evaluation form and our experienced overtime lawyers will contact you with more information regarding your case.