Overtime pay regulations in Pennsylvania are a blend of state and federal laws. The Federal Fair Labor Standards Act (FLSA) of 1938 sets essential nationwide standards, including guidelines for child labor, minimum wage, and overtime pay. These federal rules establish a baseline of worker rights that all states must meet or exceed.
States can implement laws that offer greater protections and benefits to workers, but they cannot fall below federal standards.
In Pennsylvania, state law requires that employers pay “time and a half” for any hours worked beyond the standard 40-hour workweek. If your regular hourly rate is $10, you receive $15 per hour for every hour worked over 40 in a week. This ensures fair compensation for your additional hours of labor.
Understanding Pennsylvania’s overtime laws is a necessity so you can rest easy knowing you are receiving the compensation you deserve.
This guide will help you understand who is entitled to overtime pay, the exemptions, and the steps you can take if you believe you are owed back pay.
Pennsylvania Overtime Rate and Calculation
In Pennsylvania, the overtime pay rate is one and a half times (1.5x) your regular hourly rate for any hours worked over 40 in a work week. To calculate your overtime pay, use the following formula:
Overtime Pay = (Regular Hourly Rate) x 1.5 x (Overtime Hours Worked)
Example: If your regular hourly rate is $20, and you worked 45 hours in one week, your overtime pay would be calculated as follows:
Regular Pay for 40 hours = 40 x $20 = $800
Overtime Pay for 5 hours = 5 x ($20 x 1.5) = 5 x $30 = $150
Total Pay for the week = $800 + $150 = $950
Who Is Entitled to Overtime Pay?
Most employees in Pennsylvania are entitled to overtime pay. Here’s a breakdown of eligibility:
Hourly Employees: All hourly employees are generally entitled to overtime pay for hours worked beyond the standard 40-hour workweek.
Non-Exempt Salaried Employees:
Salaried employees may be eligible for overtime if they do not meet the criteria for exemption. This includes employees who earn below a certain salary threshold or whose job duties do not fit the executive, administrative, or professional exemptions.
Overtime Exceptions and Exemptions in Pennsylvania
Pennsylvania labor laws mandate that most employees who work more than 40 hours in a workweek are eligible for overtime pay. However, there are several occupations exempt from these regulations such as the following:
Farm Workers: Individuals involved in activities such as crop production and animal husbandry are exempt from overtime pay.
Sailors: Individuals employed on vessels or boats do not qualify for overtime.
Salesmen, Partsmen, and Mechanics: Workers who primarily deal with vehicles like cars or trucks are exempt.
Taxi Drivers: Drivers of taxis and other passenger vehicles are not eligible for overtime pay.
Motion Picture Theater Workers: Employees working in motion picture theaters are exempt.
Executive, Administrative, and Professional Employees: Individuals in these roles earning above a specified salary threshold do not receive overtime.
Certain City or Town Residents: Workers residing and working in cities or towns with a population of 100,000 or less, provided the area is not part of a larger metropolitan area exceeding 100,000 people, are exempt.
Small City or Town Residents: Employees living in towns with a population of 25,000 or less within a metropolitan statistical area, but at least 40 miles by air from the main city in that area, are also exempt from overtime pay.
These exemptions are designed to account for the unique nature of certain jobs and industries. If you fall into one of these categories, you may not be eligible for overtime pay under Pennsylvania law.
Rules for Tipped Workers
In Pennsylvania, tipped workers, such as servers and bartenders, are subject to specific wage regulations. Tipped employees are those who regularly receive more than $30 per month in tips.
The standard minimum cash wage for tipped employees in Pennsylvania is $2.83 per hour. However, their total earnings (tips plus the hourly wage) must meet or exceed the state minimum wage, which is $7.25 per hour. If an employee’s tips combined with the hourly wage do not equal the minimum wage, the employer is required to make up the difference.
Tipped employees are entitled to overtime pay at one and a half times their regular rate of pay for hours worked over 40 in a workweek. The overtime calculation must include both the cash wage and the tips received to ensure compliance with the law.
Tests to Determine Employment Type
To determine if a salaried employee is exempt from overtime, Pennsylvania uses specific tests:
Salary Basis Test: You must be paid a fixed salary that does not fluctuate based on the number of hours worked.
Salary Level Test: Your salary must meet a minimum threshold set by state law.
Duties Test: Your job duties must primarily involve executive, administrative, or professional tasks as defined by the law.
Steps to Take if You Believe You Are Owed Back Overtime Pay
If you suspect you are owed back overtime pay, it’s important to act promptly. Here are the steps you should take:
Document Your Hours: Keep detailed records of your work hours and any communications with your employer regarding overtime.
Review Your Job Classification: Ensure that your job classification (exempt vs. non-exempt) is correct.
Contact Your Employer: Start by discussing your concerns with your employer or HR department.
File a Complaint: If your employer does not address the issue, you can file a complaint with the Pennsylvania Department of Labor & Industry.
Consult an Attorney: For legal advice and to explore your options, consider consulting with an employment attorney specializing in wage and hour laws.
Statute of Limitations
In Pennsylvania, the statute of limitations for filing an overtime claim is generally three years from the date the wages were due. This means you need to act quickly to ensure you can recover any owed overtime pay.
Mandatory Overtime: What You Need to Know
In Pennsylvania, if you do not have a prior agreement with your employer to avoid overtime, refusing to work extra hours can result in disciplinary action or termination. Be aware that unless your employment contract explicitly states otherwise, your employer may require you to work overtime when asked, and you must comply.
Think You Have a Case?
If you believe your employer violated overtime laws and owes you back pay, contact Lemberg Law for help. Our experienced legal team will evaluate your case for free. Call us at 475-277-2200 or complete our online form to get started. You could be entitled to compensation for damages, injuries, or lost wages due to federal and state wage law violations.
Stay informed about your rights and the legal standards for overtime pay to ensure you receive fair compensation for the hours you work.
Don’t let employers take advantage of you—take action today and secure the wages you deserve.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
Is there any laws about how often or the reasons for Mandation in pa. I work in a factory that mandates us for 12 hrs at a time every week there is a rolling mandate list. They never are not mandating workers and now do it 7 days a week.
Is there any laws about how often or the reasons for Mandation in pa. I work in a factory that mandates us for 12 hrs at a time every week there is a rolling mandate list. They never are not mandating workers and now do it 7 days a week.