{"id":376033,"date":"2017-08-25T15:26:08","date_gmt":"2017-08-25T20:26:08","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-overtime-laws.html"},"modified":"2026-08-17T11:02:18","modified_gmt":"2026-08-17T16:02:18","slug":"pennsylvania-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-overtime-laws.html","title":{"rendered":"Pennsylvania Overtime Laws"},"content":{"rendered":"\n
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Pennsylvania Overtime Laws<\/h1>\n\n
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\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
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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
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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

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Key Takeaways<\/h2>\n

If you work more than 40 hours in a workweek<\/span> in Pennsylvania<\/span>, you may be entitled to overtime pay<\/span>. Nonexempt Pennsylvania<\/span> employees should receive a time-and-a-half<\/span> pay rate<\/span>, based on their regular rate of pay<\/span>, for each hour over 40 hours of work<\/span> in a workweek<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you\u2019re a nonexempt worker putting in over 40 hours in a workweek<\/span>, you should be paid accordingly. Pennsylvania<\/span>\u00a0overtime rules<\/span>\u00a0are governed primarily by the federal <\/span>Fair Labor Standards Act<\/span><\/a> (FLSA<\/span>) and the state\u2019s Minimum Wage Act<\/a> (PMWA) and Wage Payment and Collection Law<\/a>. Federal wage and hour law sets a minimum standard for employees<\/a> across the country, including child labor, minimum wage, and overtime pay<\/span>. States can provide workers with more rights and benefits than the\u00a0FLSA<\/span> offers.<\/p>\n

This article examines Pennsylvania<\/span> overtime laws<\/span> and explains who\u2019s entitled to overtime pay<\/span>, how it is calculated, some common overtime violations, and an employee\u2019s options for pursuing unpaid overtime<\/span>. If you think your overtime pay<\/span> rights have been violated, consider speaking with an employment law<\/span> attorney<\/a>.<\/p>\n

Worker Classifications and Overtime Pay<\/span> Rights<\/h2>\n

With few exceptions, nonexempt employees<\/span> who work more than 40 hours a week are entitled to overtime pay<\/span>. The law,\u00a0not\u00a0employers, determines your eligibility<\/span> for overtime pay<\/span>. Misclassifying an employee as an independent contractor or as an exempt employee is illegal. If the legal requirements for these exceptions to overtime pay<\/span> aren\u2019t met, the employee is entitled to overtime pay<\/span>.<\/p>\n

Independent Contractors<\/h3>\n

Independent contractors<\/a> aren\u2019t required to receive overtime pay<\/span> under Pennsylvania<\/span> law. Employers can\u2019t avoid paying overtime to a nonexempt employee<\/span> by designating them as an independent contractor. Both the FLSA<\/span> and the PMWA apply a totality-of-the-circumstances analysis focused on the worker\u2019s economic realities to determine if the worker is economically dependent on the employer. The economic realities of the working relationship determine employment status.<\/p>\n

Exempt Employees<\/h3>\n

When it comes to overtime compensation<\/span>, the distinction between exempt employees and nonexempt employees<\/span><\/a> is key. Exempt employees are not entitled to overtime pay<\/span>. Most exempt employees are paid on a salary basis, earn at least the required minimum salary, and perform job duties<\/span> that qualify for a specific exemption<\/span>. These include:<\/p>\n