{"id":375998,"date":"2016-03-31T21:36:32","date_gmt":"2016-04-01T02:36:32","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-employment-laws.html"},"modified":"2026-08-14T13:44:14","modified_gmt":"2026-08-14T18:44:14","slug":"pennsylvania-employment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-employment-laws.html","title":{"rendered":"Pennsylvania Employment Laws"},"content":{"rendered":"\n
\n
\n
\n \n Pennsylvania Employment Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n\n
\n
\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Pennsylvania<\/span> employment<\/span> law<\/span> encompasses the state and federal regulations governing workplace rights, wages, job safety, and anti-discrimination protections for workers across the state. Enforced by agencies like the Pennsylvania<\/span> Department of Labor<\/span> and Industry and the Human Relations Commission, these laws regulate overtime, statutory income programs, and minor<\/span> employee protections.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Pennsylvania<\/span>\u2019s labor and employment laws<\/span> protect workers from unfair treatment and unsafe working conditions<\/span> while balancing the state\u2019s need to attract employers. Through federal laws<\/span>\u00a0such as the\u00a0Fair Labor Standards Act<\/span><\/a>\u00a0(FLSA<\/span>), the federal government provides a baseline of employee protection. Each state has its own employment laws<\/span> that may strengthen these protections or address other, state-specific needs. This article discusses some of the federal protections but focuses on Pennsylvania<\/span> employment<\/span> laws<\/span>.<\/p>\n

Who Is Covered by Pennsylvania<\/span> Employment<\/span> Laws<\/span>?<\/h2>\n

Not every worker is covered by all of the state\u2019s employment laws<\/span>. Independent contractors don\u2019t have the same rights and protections as employees, and exempt employees aren\u2019t eligible to receive overtime pay<\/span>. State law<\/span> also includes special protections for minors<\/span>. Some employment laws<\/span> apply only to public employers, not private employers<\/span>. Let\u2019s take a closer look at how some of Pennsylvania<\/span>\u2019s employment laws<\/span> work.<\/p>\n

Employee vs. Independent Contractor<\/h3>\n

Pennsylvania<\/span> uses different legal standards to determine whether a worker is an employee or an\u00a0independent contractor<\/a>, depending on the law at issue, which could be either wage and hour law, unemployment compensation<\/span>, or workers\u2019 compensation<\/span>. The court or enforcement agency will look beyond the contract language and consider the actual relationship between the worker and the hiring entity. Employers can\u2019t designate a worker as an independent contractor if they\u2019re actually an employee.<\/p>\n

Exempt vs. Nonexempt Employees<\/h3>\n

The distinction between exempt and nonexempt employees<\/a> is important. Exempt employees are not entitled to overtime pay<\/span>. Pennsylvania<\/span> law has the same salary threshold as the current federal provisions.<\/p>\n

Most exempt employees must be paid a salary, earn at least the required minimum, and perform duties that qualify for a specific exemption<\/span>, such as executive, administrative, or professional work. Exempt employees are commonly known as \u201cwhite-collar\u201d employees. Although they are not entitled to overtime pay<\/span>, exempt employees receive coverage from payday<\/span> protections, workplace safety laws, and anti-discrimination laws.<\/p>\n

Minor<\/span> Employees<\/h2>\n

In addition to the federal child labor<\/span> requirements under the FLSA<\/span>, the Pennsylvania<\/span> Child Labor<\/span> Act<\/a> protects minors<\/span> under 18 years of age<\/span> by placing limits on their employment. Most employees 18 years of age<\/span> and under must have a work permit<\/span>. The state\u2019s absolute minimum age for most employment is 14 years of age<\/span>, and parental consent is required for ages 14 to 16.<\/p>\n

A minor<\/span>\u2019s work hours<\/span> are limited by age, with stricter limits on school days<\/span>. Minor<\/span> employees may not perform certain dangerous work. For children working in the entertainment industry, a specific work permit<\/span> issued by school authorities is required, and additional safeguards apply.<\/p>\n

Pennsylvania<\/span> Civil Rights Laws<\/h3>\n

Pennsylvania<\/span> civil rights protections<\/a> are similar to federal civil rights laws<\/a>, with a few differences. The Pennsylvania<\/span> Human Relations Act<\/span><\/a> (PHRA) protects citizens against workplace discrimination<\/span> based on protected characteristics, including race, color, religion, ancestry, age, sex, national origin<\/span>, disability, and the use and training of support animals. The PHRA also prohibits discrimination based on sexual orientation, gender identity, and gender expression. The federal Genetic Information Nondiscrimination Act of 2008 (GINA) protects genetic information, but the PHRA does not contain an equivalent statewide protection.<\/p>\n

While the primary federal law<\/span> (Title VII of the Civil Rights Act of 1964) applies to employers with 15 or more employees and the Age Discrimination in Employment Act to employers with 20 or more, the PHRA offers broader coverage by including employers with four or more employees. Unlike federal protections, Pennsylvania<\/span> does not allow punitive damages under the PHRA, which can result in lower awards.<\/p>\n

Before filing most employment discrimination lawsuits under the PHRA, an employee often must first file a charge with the Pennsylvania<\/span> Human Relations Commission (PHRC). Federal claims<\/a> have the same requirement with the Equal Employment Opportunity Commission (EEOC). The PHRC and EEOC have a cross-filing agreement, so filing with one agency often preserves claims with the other. Employees often bring both state and federal claims together to maximize the available protections and remedies.<\/p>\n

Pennsylvania<\/span>\u2019s Equal Pay<\/span> Law<\/a> closely tracks the federal Equal Pay<\/span> Act of 1963<\/a>. Both laws prohibit employers from paying employees of one sex less than employees of the opposite sex for equal work, unless the pay difference is based on one of four lawful factors:<\/p>\n