Pennsylvania Employment Laws

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

Who Is Covered by Pennsylvania Employment Laws?

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

Employee vs. Independent Contractor

Pennsylvania uses different legal standards to determine whether a worker is an employee or an independent contractor, depending on the law at issue, which could be either wage and hour law, unemployment compensation, or workers’ compensation. 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’t designate a worker as an independent contractor if they’re actually an employee.

Exempt vs. Nonexempt Employees

The distinction between exempt and nonexempt employees is important. Exempt employees are not entitled to overtime pay. Pennsylvania law has the same salary threshold as the current federal provisions.

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

Minor Employees

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

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

Pennsylvania Civil Rights Laws

Pennsylvania civil rights protections are similar to federal civil rights laws, with a few differences. The Pennsylvania Human Relations Act (PHRA) protects citizens against workplace discrimination based on protected characteristics, including race, color, religion, ancestry, age, sex, national origin, 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.

While the primary federal law (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 does not allow punitive damages under the PHRA, which can result in lower awards.

Before filing most employment discrimination lawsuits under the PHRA, an employee often must first file a charge with the Pennsylvania Human Relations Commission (PHRC). Federal claims 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.

Pennsylvania’s Equal Pay Law closely tracks the federal Equal Pay Act of 1963. 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:

• Seniority system
• Merit system
• System that measures earnings by quantity or quality of production
• Any factor other than sex

Those who feel they’ve been discriminated against for any of the above reasons should consider speaking with a Pennsylvania employment attorney.

Pennsylvania Leave Time

Pennsylvania does not have a comprehensive statewide leave law for private-sector employees. State law provides protections for certain types of leave, but most employee leave rights are governed primarily by federal law, employer policies, and collective bargaining agreements.

Family and Medical Leave

For eligible Pennsylvania employees working for covered employers, the federal Family and Medical Leave Act (FMLA) is the primary source of family and medical leave protections. Under the FMLA, eligible employees of covered employers may take up to 12 weeks of job-protected, unpaid leave in a 12-month period for qualifying reasons. These may include the birth or adoption of a child, a serious health condition, or caring for certain family members with a serious health condition. The FMLA also provides up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.

Sick Leave

Pennsylvania does not have a state law requiring employers to provide employees with time off for sick leave. Sick leave rights or protection may come from:

• Employer’s policy or collective bargaining agreement
• Local laws, such as those in Philadelphia and Pittsburgh
• Federal law (such as the FMLA and the Americans with Disabilities Act)
• Other applicable employment laws

Private employers are under no obligation to provide sick leave, but if it’s part of their employee handbook, they must honor the terms.

Time Off for Jury Duty

In general, Pennsylvania law entitles employees to job-protected leave for jury service, but certain smaller employers are exempt. Private employers aren’t required by state law to pay employees for their jury duty. Whether jury duty leave is paid depends on the employer’s policy or other applicable agreements, such as an employment agreement or a collective bargaining agreement.

Military Leave

Military leave protections for Pennsylvanians are mostly found under federal law. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides job protection and reemployment rights for members of the uniformed services. The law also prohibits employers from discriminating against employees who serve in the military. USERRA applies to all employers, regardless of the business’s size. Pennsylvania law also provides certain reemployment rights and military leave protections in specific circumstances, but these provisions are more limited in scope than USERRA and don’t create a general paid military leave requirement for private employers.

Statutory Income Protections for Employees

Pennsylvania’s Department of Labor and Industry administers two primary wage replacement programs for workers. Workers’ compensation provides benefits for work-related injuries and illnesses, while unemployment compensation provides temporary income to eligible workers who lose their jobs through no fault of their own.

Workers’ Compensation

Most Pennsylvania employers must carry workers’ compensation insurance. Workers’ compensation covers work-related injuries and occupational diseases, regardless of fault. The benefits available may include medical treatment, wage-loss benefits, benefits for permanent impairment, and death benefits for eligible dependents. In exchange for these no-fault benefits, employees can’t sue their employer for damages arising from the workplace injury. Limited exceptions exist.

Unemployment Compensation

Unemployment compensation is available for workers who, through no fault of their own, experience job loss or a qualifying reduction in hours. Unemployment benefits may provide partial wage replacement for a limited time while looking for another job.

Pennsylvania Wage and Hour Laws

Pennsylvania’s wage and hour laws include the state minimum wage, the rules for calculating overtime pay, meal and rest break requirements, and payday requirements. The Department of Labor and Industry’s Bureau of Labor Law Compliance is the primary state agency responsible for enforcing Pennsylvania wage and hour laws.

Minimum Wage

Pennsylvania law requires employers to pay most employees at least the state minimum wage. As of 2026, this still mirrors the federal minimum wage of $7.25 per hour. Pennsylvania law prohibits local governments from imposing their own higher minimum wages.

The Pennsylvania minimum wage for tipped employees is $2.83 per hour. If a tipped employee’s hourly rate falls below $7.25 per hour when tips and regular hourly rate are combined, the employer must make up the difference.

Overtime Pay

Pennsylvania’s overtime law follows federal standards. Pennsylvania employers must pay most nonexempt employees an overtime rate of 1.5 times the regular pay rate for any hours worked over a 40-hour workweek.

Meal and Rest Breaks

Pennsylvania law does not require meal or rest breaks for most adult employees. Whether employees receive meal breaks or rest breaks is usually determined by the employer’s policies, an employment contract, or a collective bargaining agreement. If an employer voluntarily provides breaks, they must comply with federal rules governing whether the break time is payable. Under the FLSA, breaks under 20 minutes must be paid, but bona fide meal breaks do not.

Under the Pennsylvania Child Labor Act, minors are entitled to an uninterrupted 30-minute break after five consecutive hours of work. If the minor has no work responsibilities during this period, the employer is not required to provide pay for the break.

Payday Requirements

Pennsylvania’s Wage Payment and Collection Law requires employers to establish regular pay periods, pay earned wages promptly, notify employees of pay practices, and pay final wages to both resigning and terminated employees by the next regular payday. Pennsylvania employers may make only lawful deductions from your paycheck. These include:

• Deductions required by law, such as federal, state, and local income taxes, Social Security, Medicare (FICA), and court-ordered wage garnishments or child support
• Voluntary deductions (such as healthcare insurance premiums and retirement contributions) when properly authorized by the employee
• Deductions authorized under a collective bargaining agreement

These deductions should be in the employee handbook.

Workplace Safety

For most Pennsylvania employees, workplace safety rights come from the federal Occupational Safety and Health Act, enforced by the Occupational Safety and Health Administration (OSHA). Pennsylvania does not have a state-level workplace safety plan for private employers, which OSHA covers.

Pennsylvania public employees have safety rights covered by state laws, including the Pennsylvania Occupational and Athletic Sports Safety Act. The Pennsylvania Worker and Community Right-to-Know Act fills important gaps by ensuring hazardous chemical information is available to employees (both public- and private-sector), emergency responders, and the public.

Questions About Employment Law?

Your employment relationship is the foundation of your family’s financial well-being. State and federal labor laws provide many employee rights and protections. If you think your employer is violating your rights, a Pennsylvania lawyer can help you understand your options. Protect yourself and protect your family members. Visit our attorney directory to find a lawyer near you who can help.