{"id":376035,"date":"2016-03-31T21:36:32","date_gmt":"2016-04-01T02:36:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-pay-day-requirements.html"},"modified":"2016-06-20T14:00:00","modified_gmt":"2016-06-20T19:00:00","slug":"pennsylvania-pay-day-requirements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-pay-day-requirements.html","title":{"rendered":"Pennsylvania Pay Day Requirements"},"content":{"rendered":"\n
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Pennsylvania Pay Day Requirements<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\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

Labor Laws<\/h2>\r\n

In Pennsylvania, federal and state laws govern pay day laws including wage and hour requirements. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). The major state laws governing pay day requirements is known as Pennsylvania Wage Payment and Collection law. It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers.<\/p>\r\n

Here, we will focus on the the Pennsylvania Wage and Hour Act including pay day requirements (frequency and manner), minimum wages and overtime pay.<\/p>\r\n

Pay Day Requirements: How Often<\/h2>\r\n

Pennsylvania employers must pay their hourly employees every two weeks or more frequently depending on the terms of the employment contact.<\/p>\r\n

Method of Payment<\/h2>\r\n

An employer may pay wages by cash, check, or direct deposit, so long as the employee consents<\/p>\r\n

What is the Minimum Wage in Pennsylvania?<\/h2>\r\n

The minimum wage for employees in Pennsylvania is $7.25 per hour.<\/p>\r\n

When is an Employee Entitled to Overtime Pay?<\/h2>\r\n

If an eligible employee works more than 40 hours in a single week, he or she will be entitled to 1 1\/2 times their hourly pay rate. Certain workers are exempt from receiving overtime pay such as executives receiving a salary or elected officials.<\/p>\r\n

Is there a Penalty for Failing to Follow Pay Day Laws?<\/h2>\r\n

Yes. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted.<\/p>\r\n

See Fair Wages FAQ<\/a>, Exempt Employees<\/a>, and Employees Rights 101<\/a> the for more information.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\n

Wage and Hours in the Workplace<\/b><\/p>\r\n

1) Fair Labor Standards Act (FLSA)<\/a><\/p>\r\n

2) The Pennsylvania Minimum Wage Act, Act 112 of 2006<\/a> (Act)<\/p>\r\n<\/td>\r\n<\/tr>

Pay Day Requirements<\/b><\/td>\r\n

Employers must pay their non-salaried employees semi monthly or more frequently than semi monthly, unless otherwise stipulated in an employment contract at the time of hire.<\/p>\r\n<\/td>\r\n<\/tr>

Method of Payment<\/b><\/td>\r\n

Cash, check and direct deposit or payroll debit card<\/p>\r\n<\/td>\r\n<\/tr>

Minimum Wage<\/b><\/td>\r\n

Hourly Employees<\/b> $7.25 per hour<\/p>\r\n

Tipped Employees:<\/b> $2.83 per hour<\/p>\r\n<\/td>\r\n<\/tr>

Overtime Pay<\/b><\/td>\r\nMost employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1 1\/2 times the employee’s straight time rate of pay.<\/td>\r\n<\/tr>
Are Salaried Employees Entitled to Overtime?<\/b><\/td>\r\nNot usually. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.<\/td>\r\n<\/tr>
Workers Not Covered Under State Minimum Wage Law<\/b><\/td>\r\n

The following employees may still be covered by the Federal Fair Labor Standards Act.<\/p>\r\n

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  • Students<\/li>\r\n
  • Independent contractors<\/li>\r\n
  • Farm laborers<\/li>\r\n
  • Domestic service workers in a private home of an employer<\/li>\r\n
  • Newspaper delivery persons<\/li>\r\n
  • Workers connected with the publication of weekly, semi-weekly or daily newspaper with a circulation of less than 4,000, when the major portion of circulation is in the county where published or in a bordering county<\/li>\r\n
  • Employees in an executive, administrative or professional capacity<\/li>\r\n
  • Employees in an educational, charitable, religious or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously<\/li>\r\n
  • Employment by a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (1) it does not operate more than 7 months a year, or (2) during the preceding calendar year the average receipts for any 6 months were not more than thirty-three and one-third percent for the other 6 months of the year<\/li>\r\n
  • Golf caddies<\/li>\r\n
  • Switchboard operators employed by an independently owned public telephone company which has no more than 750 stations<\/li>\r\n
  • Employees not subject to Civil Service Laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to the officeholder, or are appointed by the officeholder to serve on a policy making level<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Enforcement<\/b><\/td>\r\n

Pennsylvania Department of Labor and Industry<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Meal Breaks<\/b><\/td>\r\n

Employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours.<\/p>\r\n

Employers are not required to give breaks to employees 18 and over.<\/p>\r\n

If an employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

 <\/p>\r\n

State employment laws are constantly changing. Please consider contacting a local employment law attorney<\/a> who can help you better understand current Pennsylvania laws.<\/p>\r\n

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