Compliance Watch:
What are my overtime rights in Pennsylvania?

May 14th 2024

In Pennsylvania, overtime rights are governed by state and federal labor laws to ensure fair compensation for employees who work additional hours beyond the standard workweek. An employee’s overtime rights safeguard their wages and ensure the employer’s compliance with labor regulations.

This article outlines key provisions regarding overtime pay, including eligibility criteria, calculation, and avenues for legal recourse in case of disputes. Employees knowing their overtime rights helps them advocate fair treatment and compensation in the workplace.

This Article Covers

Understanding Overtime in Pennsylvania
Common Questions About Overtime in Pennsylvania
Legal Working Hours in Pennsylvania
Overtime Eligibility in Pennsylvania
    Overtime Payment Calculations in Pennsylvania
      Receiving Overtime Payment in Pennsylvania
      Violations of Overtime Law in Pennsylvania

      Understanding Overtime in Pennsylvania

      Is overtime pay mandatory in Pennsylvania?

      Yes, overtime pay is mandatory in Pennsylvania for eligible employees under state and federal labor laws. Non-exempt employees are entitled to overtime pay at a rate of one and one-half times their regular pay rate for hours worked over 40 in a workweek. However, certain exemptions apply to specific categories of employees based on their job duties, responsibilities, and salary levels.

      Employers must comply with overtime pay requirements to avoid penalties and potential legal action.

      When do I qualify for overtime pay in Pennsylvania?

      Overtime pay in Pennsylvania is calculated weekly. Generally, non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular pay for hours worked over 40 in a workweek. This means that employees working more than 40 hours in a single workweek would qualify for overtime pay for those additional hours.

      How much is overtime pay in Pennsylvania?

      In Pennsylvania, overtime pay is calculated at 1.5 times the employee’s regular pay rate for each hour worked beyond 40 in a workweek. The overtime pay depends on the regular pay of an employee.

      The current minimum wage in Pennsylvania is $7.25. This means that the overtime rate for minimum wage earners would be $10.88.

      Which laws govern overtime in Pennsylvania?

      Under both federal and state laws, Pennsylvania employees are entitled to receive payment for working overtime unless they are exempt. Two main laws primarily govern overtime requirements in Pennsylvania:

      • Fair Labor Standards Act (FLSA): The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private and public sectors. Under the FLSA, eligible employees must be paid overtime at a rate of 1.5 times their regular pay rate for hours worked beyond 40 in a workweek. The FLSA also provides exemptions for certain categories of employees based on job duties, salary level, and other criteria.
      • Pennsylvania Minimum Wage Act (PMWA): This law sets additional regulations regarding minimum wage and overtime pay within the state. Notably, the state prohibits compensating employees with compensatory time off in prior or subsequent workweeks.

      Common Questions About Overtime in Pennsylvania

      Do employers have to pay overtime in Pennsylvania?

      Yes, in Pennsylvania employers are required to pay overtime to eligible employees who work more than 40 hours in a workweek. This requirement is established by federal law under FLSA and is supplemented by PMWA.

      Employers must adhere to these laws to ensure that eligible employees receive proper compensation for their overtime work. However, certain exemptions may apply to specific categories of employees based on their job duties, responsibilities, and salary levels.

      Can an employee refuse to work overtime in Pennsylvania?

      Employees in Pennsylvania have the right to refuse to work overtime hours, even when the employer requests overtime work, unless a contractual agreement or specific requirement may govern overtime requirements and employee obligations.

      However, employees who refuse to work overtime could potentially impact employment relationships, which may invoke disciplinary action, which can lead to termination.

      Can I take comp time instead of overtime pay in Pennsylvania?

      Comp time (compensatory time) refers to paid time off granted to employees instead of overtime pay for hours worked beyond 40 in a workweek. Under the Pennsylvania labor law and the FLSA, comp time instead of overtime pay is illegal.

      However, public sector employers, such as government agencies, are allowed to offer comp time instead of overtime pay under certain conditions. This condition includes specific rules and limitations regarding the accrual and use of compensatory time.

      Can I get overtime pay in Pennsylvania without employer approval?

      Employers in Pennsylvania are legally obligated to pay eligible employees overtime for such additional hours, regardless of whether the employer specifically authorized the overtime in advance.

      However, employers may establish policies or procedures for requesting and approving overtime work, and employees are expected to adhere to these guidelines.

      Does Pennsylvania have double-time pay?

      Pennsylvania labor laws do not mandate double-time pay. Instead, overtime pay is calculated at one and one-half times the employee’s regular pay rate for hours worked beyond 40 in a workweek.

      However, some employers may offer double-time pay as part of their company policies, collective bargaining agreements, or employment contracts. Employees need to review their employment agreements and understand their rights regarding overtime pay, including any provisions for double-time pay if applicable.

      What is working ‘off-the-clock’ in Pennsylvania?

      Working “off-the-clock” in Pennsylvania refers to performing work-related tasks for an employer without recording or being compensated for the time spent. This can include tasks such as answering emails, taking phone calls, completing paperwork, or performing other job duties before or after scheduled work hours, during meal breaks, or during unpaid time.

      What are common ways employers avoid paying overtime in Pennsylvania?

      Employers may attempt to avoid paying overtime in Pennsylvania through various methods, unintentionally or intentionally. Some common tactics of an employer include:

      • Misclassification of employees as exempt: Employers may classify employees as exempt from overtime when they should be non-exempt, such as misclassifying administrative or managerial roles. Some employers attempt to exploit exemptions or loopholes in labor laws to avoid paying overtime, such as using incorrect classification criteria or misinterpreting regulations.
      • Inaccurate tracking of hours worked: Employers may fail to accurately record all hours worked by employees, leading to underpayment or non-payment of overtime.
      • Manipulating work schedules: Employers may adjust work schedules to keep employees under 40 hours per week or manipulate pay periods to avoid triggering overtime requirements.
      • Requiring off-the-clock work: Employers may pressure employees to perform work-related tasks off-the-clock, such as responding to emails or completing paperwork outside of scheduled hours.
      • Improper use of fluctuating workweek arrangements: Employers may implement fluctuating workweek arrangements incorrectly, leading to underpayment of overtime hours worked beyond 40 in a workweek.

      Can you work seven days in a row in Pennsylvania?

      Yes, in Pennsylvania, there is no legal prohibition against working seven days in a row. However, certain industries or collective bargaining agreements may establish limitations or requirements regarding consecutive work days. Employers should be mindful of providing employees with adequate rest periods and promoting health, safety, and well-being.

      How many ten-hour days can you work in a row in Pennsylvania?

      There is no specific state law that limits the number of consecutive ten-hour workdays an employee can work. However, employees must be compensated for the hours worked beyond 40 in a workweek.

      Further, employers are required to provide adequate rest periods and comply with any applicable industry standards or collective bargaining agreements regarding work hours and scheduling.

      What are full-time hours in Pennsylvania?

      In Pennsylvania, there is no specific definition of “full-time hours” established by state law. However, according to the IRS guidelines, the commonly accepted standard for full-time employment in the United States is on average 30 hours per week or 130 hours per month. However, this definition may vary depending on industry practices, employer policies, or collective bargaining agreements.

      How many hours straight can you legally work in Pennsylvania?

      There is no limit on the number of consecutive hours an employee can work in a single shift for most industries, except for certain safety-sensitive occupations or industries where regulations may impose restrictions.

      Is overtime after eight hours or 40 hours in Pennsylvania?

      In Pennsylvania, overtime is calculated based on hours worked beyond 40 in a workweek. There is no specific requirement for overtime pay after eight hours in a day under Pennsylvania state law. However, certain industries or collective bargaining agreements may establish different overtime thresholds and requirements.

      Does working on the weekend qualify for overtime pay in Pennsylvania?

      Working on a weekend in Pennsylvania does not automatically qualify an employee for overtime pay. Overtime pay is earned when an employee works more than 40 hours in a workweek, regardless of whether those hours are worked on weekdays or weekends. Non-exempt employees are entitled to overtime pay at 1.5 times their regular pay for hours worked beyond 40.

      However, some employers may offer premium pay rates for weekend shifts as part of their company policies, collective bargaining agreements, or employment contracts.

      How many hours-off between shifts is required in Pennsylvania?

      Pennsylvania has no specific state law mandating a minimum number of hours between shifts for adult employees. However, certain industries or collective bargaining agreements may establish requirements for rest periods between shifts.

      What does ‘hours-worked’ include in Pennsylvania?

      Generally, “hours worked” in Pennsylvania includes all time during which an employee is required or permitted to perform work for their employers, including:

      • Time spent performing job duties, tasks, or responsibilities.
      • Time spent waiting for or undergoing required training meetings, or briefings.
      • Time spent on-call or waiting to be engaged in work activities.
      • Time spent traveling for work purposes during normal working hours.
      • Breaks of short duration (20 minutes or less), during which the employee is not relieved from duty.
      • Any additional time the employer knows or should have known the employee was working.

      What are the most hours a salaried employee can work in Pennsylvania? 

      In Pennsylvania, no specific legal limit on the number of hours a salaried employee can work in a day or week. However, under federal law, salaried employees who are classified as exempt from overtime pay requirements may be expected to work as many hours as necessary to fulfill their job responsibilities. Exempt employees are not entitled to overtime pay regardless of the number of hours worked. Conversely, non-exempt employees are eligible for overtime requirements for hours worked over 40.

      Learn more about Your Rights as a Salaried Employee in Pennsylvania.

      What is the maximum number of hours an hourly employee can work in Pennsylvania?

      There is no specific maximum number of hours an hourly employee can work in a day or week under Pennsylvania law. However, the FLSA has regulations regarding overtime pay for non-exempt employees who work more than 40 hours in a workweek. Beyond this threshold, non-exempt employees are entitled to overtime pay for each additional hour worked.

      Learn more about Your Rights as an Hourly Employee in Pennsylvania.

      Overtime Eligibility in Pennsylvania

      Who is eligible for overtime pay in Pennsylvania?

      Most employees in Pennsylvania are eligible for overtime pay if they work more than 40 hours in a week. However, there are exemptions for certain types of employees, such as executives, administrators, professionals, and outside salespersons. These exemptions are based on specific criteria outlined by the FLSA.

      Who is exempt from overtime pay in Pennsylvania?

      Certain employees are exempt from overtime pay requirements in Pennsylvania. Under the FLSA, exemptions apply to specific categories, including but not limited to:

      • Salary Basis: Exempt employees are paid a predetermined, fixed salary that is not subject to reduction based on the quantity or quality of work performed. Such employees must meet or exceed the minimum salary threshold set by the state, which is $875 per week. Employers must note that salary thresholds are subject to change.
      • Executive Exemption: This exemption applies to employees whose primary duties involve managing the company or department. Such employees are responsible for hiring, firing, and directing the work of other employees.
      • Administrative Employees: Employees who are involved in office or non-manual work directly related to management policies or general business operations.
      • Professional Employees: This exemption applies to employees who perform work requiring advanced knowledge in a field of science or learning that is customarily acquired by prolonged specialized instruction or study. This category includes doctors, lawyers, engineers, and accountants.
      • Outside Salespeople: Employees whose primary duties involve making sales or obtaining orders or contracts for services or for the use of facilities are exempt from overtime pay requirements. Such employees must be paid on a salary or commission-based structure and do not spend more than 20% of their work hours doing duties other than sales.

      Further, some occupations are exempt from overtime requirements, such as:

      • Farm workers are involved in crop production, animal husbandry, or related activities.
      • Sailors employed on a vessel or boat.
      • Salesmen, partsmen, or mechanics who primarily deal with vehicles, such as cars or trucks.
      • Taxi drivers
      • Motion picture theater employees
      • Executive, administrative, and professional employees earning $875 per week.
      • Employees who live and work in cities or towns with a population of 100,000 or less, provided that the city is not included in a larger metropolitan statistical area.
      • Employees who live in cities or towns with a population of 25,000 or less if they are located within a standard metropolitan statistical area but at least 40 miles away by air from the main city in that area.

      Can salaried employees get overtime pay in Pennsylvania?

      Salaried employees can receive overtime pay if they meet the criteria for non-exempt status. Contrary to common belief, being paid on a salary basis does not automatically exempt an employee from overtime requirements. The key factor for eligibility is whether the employee meets the criteria for exemption under the FLSA.

      If the salaried employee does not meet the criteria for exemption, they are considered non-exempt and are entitled to overtime pay for any hours worked beyond 40 in a workweek at a rate of 1.5 times their regular pay rate.

      Learn more in detail about Pennsylvania Salaried Employees Laws and Pennsylvania Overtime Laws.

      Overtime Payment Calculations in Pennsylvania

      What is my regular rate of pay in Pennsylvania?

      The regular rate of pay refers to the compensation an employee receives for each hour of work. In Pennsylvania, the state follows the minimum wage rate of $7.25 per hour.

      Salaried employees can calculate their regular pay rate by dividing their weekly total earnings for a workweek by the total number of hours worked in that week.

      How do you calculate overtime in Pennsylvania?

      In Pennsylvania, overtime is calculated based on the FLSA guidelines. For non-exempt employees, overtime pay is one-and-a-half times their regular pay for hours worked over 40 in a workweek. To calculate overtime pay, follow this formula:

      • Determine the regular pay rate: Add up all compensation earned in a workweek, then divide them by the total number of hours worked.
      • Calculate overtime hours: Subtract 40 hours from the total hours worked in the week. Any hours beyond 40 are considered overtime hours.
      • Determine overtime pay: Multiply the overtime hours by 1.5 times the regular rate of pay to find the overtime pay amount.

      For example, minimum wage earners in Pennsylvania receive $7.25 per hour, their overtime rate would be $10.88 per additional hour worked beyond 40. So, if an employee works an additional 4 hours, the 4 hours is compensated for $43.52.

      How is overtime taxed in Pennsylvania?

      Overtime pay is taxed in the same manner as regular wages. It is subject to federal income tax, state income tax, and FICA taxes These taxes are withheld from your paycheck by your employer based on your total earnings, including any overtime pay. The specific tax rates and withholding amounts depend on various factors, such as your total income, filing status, and any deductions or exemptions you may be eligible for.

      Receiving Overtime Payment in Pennsylvania

      How is overtime paid in Pennsylvania?

      In Pennsylvania, overtime is paid in the same manner as regular wages, which include cash, checks, or direct deposit, depending on the employer’s payroll practices and agreements with employees.

      When do I receive my overtime paycheck in Pennsylvania?

      The timing of receiving an overtime paycheck follows the same schedule as the regular paycheck. This could be weekly, bi-weekly, or monthly, depending on your employer’s payroll schedule. It is essential to check with your employer or review your employment contract or company policies to understand when you can expect to receive your overtime pay

      Violations of Overtime Law in Pennsylvania

      What if my employer refuses to pay me overtime in Pennsylvania?

      According to the Pennsylvania Wage Payment and Collection Law, employees are entitled to receive their overtime compensation and can file a claim or bring lawsuits to recover unpaid wages.

      Under Pennsylvania law, employees have two years from the date the overtime was performed to file a wage claim. However, employees should file a claim as soon as possible to ensure the records are still with the employer.

      What is the penalty for failing to pay overtime in Pennsylvania?

      Under the Pennsylvania Wage Payment Collection Law (WPCL), any employee or group of employees who are owed wages have the right to file a lawsuit to recover those unpaid wages, as well as any associated costs and reasonable attorney fees.

      Further, if wages remain unpaid for 30 days after the usual payday or 60 days after the agreed-upon payment date if there’s no regular payday and there’s no legitimate contest or dispute over the owed wages, the employee is entitled to additional compensation.

      How can I file a wage claim for overtime in Pennsylvania?

      To file a wage claim for overtime in Pennsylvania, employees must submit a complaint to the Pennsylvania Department of Labor and Industry or the federal Department of Labor’s Wage and Hour Division.

      Employees must provide details such as name, employer’s name, dates and hours worked, and any documentation supporting their claim.

      Can employers retaliate against employees for making a wage claim in Pennsylvania?

      In Pennsylvania, it is illegal for employers to retaliate against employees for making a wage claim. Retaliation can take various forms, including termination, demotion, reduction in hours, or any adverse action against an employee in response to them asserting their rights under wage and hour laws.

      Learn more about Pennsylvania Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

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