subject: Overtime Law in Pennsylvania [print this page] Overtime Law in Pennsylvania Overtime Law in Pennsylvania
Each state has different labor laws, but all must be in compliance with the Fair Labor Standards Act (FLSA). This document established minimums for hourly pay and overtime pay. Pennsylvania wage and hour laws enforce these standards and, in certain cases, establish additional standards to protect Pennsylvania employees.
Pennsylvania Overtime Law
Overtime pay in Pennsylvania is 1.5 times your regular rate of hourly pay, if you are covered by Pennsylvania overtime law. The three largest exemption categories are the executive exemption, the administrative exemption, and the professional exemption. If your job functions conform to any of these three categories (which are outlined in more detail in the FLSA), then you may be exempt from overtime pay. Other exempt categories are listed in the FLSA and on the Pennsylvania Department of Labor website. It is important to note that computer workers, while considered exempt under the FLSA, are not exempt from overtime in Pennsylvania.
In order for a worker to be exempt from overtime pay, he or she must be salaried. However, being a salaried employee in Pennsylvania does not automatically make you exempt from overtime pay. You must make at least $455 a week in salary and your job duties must fall under an exemption category to be exempt from overtime in Pennsylvania. If you have a job title that would seem to make you exempt (e.g., vice president), but your actual job duties do not place you in one the categories, you are likely still entitled to overtime pay.
Pennsylvania Minimum Wage Law
Most employees in Pennsylvania are entitled to at least $7.25 an hour, the Pennsylvania minimum wage. This conforms to the Federal minimum wage, which was changed on July 24, 2009.
Certain individuals are exempt from the minimum wage, however. Following is an abbreviated list of exempt job types:
Some farmers, especially on small farms
Newspaper delivery persons
Switchboard operators for small phone companies
Employees of certain small newspapers
Tipped employees making $30 a month in tips must be paid a direct wage of $2.83 an hour or more. If this wage combined with your tips does not amount to $7.25 an hour, your employer must pay you whatever amount you are lacking.
If you have more questions about wage and hour law in Pennsylvania, or if you think you have had wages withheld from you, you may need professional legal advice. USOvertimeLawyers has more Pennsylvania labor law information and access to Pennsylvania overtime attorneys who will review your case and fight for your legal rights.
