Minimum Wage $7.25 PER HOUR
Pennsylvania's minimum wage is $7.25 per hour. The Pennsylvania Minimum Wage Act generally requires covered employees to receive at least this amount for hours worked, and the federal FLSA also establishes a $7.25 federal minimum wage for covered employees.
For tipped employees, Pennsylvania permits a tip credit when the legal requirements are satisfied. An employer may generally pay a direct cash wage of at least $2.83 per hour, provided the employee receives enough tips to reach at least $7.25 per hour. If the employee's cash wages and qualifying tips do not reach the minimum wage, the employer must make up the difference.
Overtime Laws 1.5X RATE
Most Pennsylvania employees who are not exempt from overtime must receive one and a half times their regular rate for hours worked over 40 in a workweek.
At Pennsylvania's $7.25 minimum wage, the basic overtime rate is $10.88 per hour. The actual regular rate used for overtime can be higher depending on the employee's compensation, including certain bonuses, commissions, or other forms of pay.
Pennsylvania also recognizes an "8 and 80" overtime system for certain employees working in hospitals or establishments primarily engaged in caring for the sick, aged, or mentally ill, when the applicable requirements are met.
Meal & Rest Breaks NO GENERAL ADULT MANDATE
Pennsylvania generally does not require employers to provide meal or rest breaks to employees age 18 and older. Employers must, however, provide a 30-minute meal period to minors ages 14 through 17 who work five or more consecutive hours.
If an employer provides short breaks lasting less than 20 minutes, those breaks generally must be paid. Meal periods may generally be unpaid when the employee is completely relieved from duty and does not perform work during the meal period.
Final Paycheck NEXT PAYDAY
When a Pennsylvania employee quits, is laid off, or is terminated, the employer generally must pay all earned wages by the next scheduled payday.
Pennsylvania's Wage Payment and Collection Law also regulates regular paydays, wage-payment schedules, deductions, and the payment of wages that have been earned.
Filing a Claim 2–3 YEAR WINDOW
Pennsylvania workers may file minimum wage and overtime complaints with the Pennsylvania Department of Labor & Industry. Workers may also have the right to bring a private claim when the applicable legal requirements are met.
Pennsylvania's Department of Labor & Industry advises workers to file minimum wage and overtime claims within two years of the date the work was performed. The Pennsylvania Wage Payment and Collection Law separately provides a three-year period for administrative proceedings or legal actions under that law. Federal FLSA claims generally have a two-year limitations period, extended to three years for willful violations.
Employee Misclassification COMMON ISSUE
A worker's job title, salary, or independent-contractor agreement does not automatically determine whether the worker is entitled to wage protections. The applicable legal test can depend on the actual working relationship, economic realities, job duties, and other circumstances. Pennsylvania also has specific rules addressing misclassification in the construction industry.
Common Unpaid Wage Issues WAGE & HOUR
Potential wage-and-hour violations can include unpaid overtime, off-the-clock work, unpaid required training, improper deductions, unpaid working time during meal periods, tip-credit violations, and compensation practices that result in overtime being calculated incorrectly.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by jurisdiction, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Pennsylvania workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.