Pennsylvania Wage and Hour FAQs

Pennsylvania Overtime Law, Minimum Wage Questions

Back to Pennsylvania Overtime Law

What is the minimum wage in Pennsylvania?

Effective July 24, 2009, the Pennsylvania minimum wage is $7.25 per hour.

What is the minimum wage for tipped employees?

The minimum wage credit for tipped workers is $2.83 per hour. If an employee’s tips plus direct wages do not add up to the Pennsylvania minimum wage, the employer must make up the difference. Pennsylvania minimum wage law defines a tipped employee as a worker who makes more than $30 a month in tips.

When is overtime due?

Most Pennsylvania workers should receive time-and-a-half compensation for hours worked in excess of 40 during a single workweek. Certain employees may be exempt from overtime pay.

Can employers offer comp time instead of overtime pay?

No. Employers are not allowed to offer time off instead of overtime.

Can employees be forced to work overtime?

Yes. Employees who refuse to work overtime may be fired or disciplined. Non-exempt employees must receive time-and-a-half compensation when working overtime.

Can salaried workers receive overtime?

Salaried employees are not automatically exempt from overtime pay simply because they are paid on a salary basis. Job duties and employment contracts determine overtime eligibility.

Are workers entitled to holiday pay?

Pennsylvania wage and hour law does not require employers to offer holiday pay. Whether a worker receives holiday pay is based on the employer’s specific policy regarding holiday pay.

Are workers entitled to sick days, vacation pay or severance?

Pennsylvania wage and hour law does not require employers to pay their workers when they are not at work. Therefore, Pennsylvania employers are only required to pay these benefits if the company has a policy or contract with the employee to pay these benefits.

Should workers be paid for on-call time?

It depends. When determining whether on-call time should be compensated, the worker must examine their freedom to pursue their own interests. If a worker must carry a cell phone but can pursue their own interests, they are not entitled to pay for this on-call time. If the employee must remain on the employer’s premises while on call and cannot pursue their own interests, they should be compensated.

Are workers entitled to meal periods and rest breaks?

Workers ages 14 through 17 who work five or more hours should receive at least a 30-minute break. Employers are not required to provide breaks to workers ages 18 and older. If an employer offers breaks and they last less than 20 minutes, the employee should be paid for this time. If meal periods are given, the employer does not have to compensate this time if it lasts more than 20 minutes, as long as the worker is completely relieved of their job duties.

Can an employer change a worker’s pay rate?

Yes, as long as the employer gives the worker advance notice of the change in pay and the reduction does not cause the worker’s pay rate to fall beneath the minimum wage.

What types of deductions can be made from an employee’s wages?

As long as the employee supplies written authorization, the employer can make deductions for borrowed money from the company or a third party. Of course, required deductions, such as taxes, can also be made. Employees must provide written permission to make non-tax related deductions. “Blanket” authorizations covering future deductions are not valid. Furthermore, deductions can reduce a worker’s pay beneath the minimum wage. Additionally, deductions must be for the employee’s benefit.

What information should be included on a worker’s paystub?

Each employee pay stub must contain the following information: hours worked; money earned; wages paid; deductions; pay rate; gross wages; and start and end dates for the pay period.

How soon should a worker be paid upon separation from the company?

If an employee quits or is fired, they must receive all wages due by the next regularly scheduled pay day.