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, especially if your job role is an exemption. Knowing when overtime pay is required can be confusing, but it's worth money in your pocket to understand the basics of Pennsylvania overtime and labor laws.
Pennsylvania Overtime Law Summary
This chart highlights key provisions of Pennsylvania overtime laws.
State and Federal Statutes
Overtime Calculation Methods:
Pennsylvania Overtime Rules
Filing a Wage Complaint
What is the law for overtime in Pennsylvania?
The rules governing overtime pay are a mixture of Pennsylvania Department of Labor regulations 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 Federal 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.
Pennsylvania law mirrors federal law in requiring employers to pay "time and a half" for all hours worked after the 40-hour work 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 your 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 labor laws and the FLSA, employees working as:
- Outside salespeople
are exempt from overtime requirements by Pennsylvania employers .
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:
- Official State Codes
- Federal Wage Law: The Fair Labor Standards Act
Have an Overtime Complaint? Have an Attorney Review Your Claim
If you are an hourly employee and have an overtime issue at work, it's a good idea to seek legal advice from a local employment law attorney who has experience in wage law and overtime regulations. 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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