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Pennsylvania Overtime Law

Employees in Pennsylvania work under the protection of Pennsylvania labor law and the Fair Labor Standards Act (FLSA)

. Standards for Pennsylvania overtime pay and minimum wage are established by these two sets of laws. Most employees are entitled to the wage protections under these laws, though the laws describe categories of exempt workers as well.

Overtime Law in Pennsylvania

Pennsylvania overtime is defined as any hours worked over 40 in the space of one workweek.

A workweek always consists of seven consecutive days. From the start of your employment, your employer must pick the day on which your workweeks start, and they must always start on that day thereafter. Your workweek cannot be the average of more than seven days, or consist of seven days that do not occur consecutively. This protects you from employers who fraudulently attempt to deny overtime.


Pennsylvania overtime pay is calculated by multiplying your hourly rate by 1.5. If you are salaried, you must first calculate your hourly rate, and then multiply that by 1.5 to determine your overtime rate.

Employees who make at least $455 a week in salary and fit into one of the exemption categories may not be entitled to Pennsylvania overtime pay. Exemptions may include:

Farm workers

Executive, administrative, or professional employees

Local newspaper workers

Under the FLSA, computer workers are considered exempt from overtime pay, however, in Pennsylvania, computer workers are not exempt. In cases such as this, when state and Federal labor laws conflict, the law that provides the most benefit to the employee is upheld.

Minimum Wage Law in Pennsylvania

The federal government changed the countrys minimum wage to $7.25 on July 24, 2009. On that same day, the Pennsylvania minimum wage changed to $7.25 an hour to reflect the new Federal minimum. This minimum wage extends to all non-exempt employees, regardless of the manner in which they are paid. If you are paid by in salary or tips, at piece rate, or by the day, you are still entitled to $7.25 for each hour you worked.

Exemptions from Pennsylvania minimum wage include those listed above as exempt from overtime, as well as students or learners, who can be paid 85% of the minimum wage.

If you think you have been denied compensation by an employer, there is no substitute for professional legal advice. Visit USOVertimeLawyers.com to read more about Pennsylvania wage and hour law and to get the help of a dedicated Pennsylvania overtime lawyer.

by: Patrick Hanan
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