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Pennsylvania Overtime Laws

A paycheck is a major motivator for working. When you put in more than 40 hours per week you’ll likely receive overtime pay. However, not all employees qualify for this extra pay. Knowing when overtime pay is required can be confusing, but it’s worth money in your pocket to understand the basics of Pennsylvania overtime law.

Pennsylvania Overtime Law Summary

This chart highlights key provisions of Pennsylvania overtime laws.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: pay time and a half for hours over 40.

Pennsylvania Overtime Rules

  • Required over 40 hours at a rate of 1.5 time standard pay
  • Highly paid workers (+$100,000) may qualify for overtime pay
  • No mandatory overtime for working over 8 hours a day
  • 2-year statute of limitation for collecting unpaid overtime.
  • Pennsylvania law requires overtime for computer employees.

Filing a Wage Complaint

What is the Law for Overtime in Pennsylvania?

The rules governing overtime pay are a mixture of state and federal laws. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay. The federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. States are can provide workers with more rights and benefits than offered by the FLSA, but not less.

Illinois law mirrors federal law in requiring employers to pay "time and a half" for all hours worked after the first 40 in a week. This means if you usually make $10 an hour, you must be paid $15 an hour for any time worked beyond the 40-hour threshold.

Do I Have to Work Overtime?

The simple answer is yes! If you’re employer requires you to work overtime and you refuse, you can be disciplined or terminated. Of course, this rule can be modified by prior agreement or collective bargaining.

Can Salaried Employees Receive Overtime?

Being paid a salary does not mean that you are not entitled to receive overtime. 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 weekly income determine if you are eligible for overtime.

How Do I Calculate My Overtime Pay?

An employee who works more than 40 hours in a workweek is entitled to compensation at the rate of 1.5 times the employee’s regular rate of pay for hourly workers. Averaging of hours over two or more weeks is not permitted. Compensatory “comp” time off is also not legal.

Who is Covered by Overtime Laws?

Not all employees are eligible for overtime pay. Under Pennsylvania and the FLSA, employees working as executives, administrators, and professional and outside sales employees are exempt from overtime requirements. Employees must also earn a salary of at least $455 per week.

Research the Law

State laws are always subject to change. It’s important to verify the laws you’re researching by conducting your own research or consulting with a qualified Pennsylvania employment attorney. The following link will provide more information about wage law:

Have an Overtime Complaint? Have an Attorney Review Your Claim

If you have an overtime issue at work, it’s a good idea to speak with a local attorney who has experience in wage law. In Pennsylvania, you can file claims under both the federal and the state overtime laws at the same time. Your attorney can help you navigate the legal requirements for proving your claim, as well as recover any other damages and interest that may be due. Receive a claim review to learn more about your rights under Pennsylvania law.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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