The possibility of earning overtime pay can help get you through what seems like an impossibly long week. It’s important to keep in mind that not every employee qualifies for bonus pay associated with overtime, however. It can be frustrating and confusing to figure out whether or not you are eligible. Understanding Pennsylvania overtime laws ensures that your paycheck meets your expectations.
Here is an overview highlighting guidelines for Pennsylvania’s overtime laws.
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State and federal laws govern overtime pay. The federal government has established regulations that provide a minimum for employers nationwide. These laws cover overtime pay as well as child labor and minimum wage. The Fair Labor Standards Act (FLSA) of 1938 encompasses all these laws. While states can add additional laws on top of the FLSA, they cannot take laws away from it.
Pennsylvania’s overtime laws are similar to the federal law in that employees must be paid time and a half for each hour over 40. If an employee typically makes $8 an hour, then their overtime pay would be $12 for all hours worked after 40 hours in an average workweek.
Unless you have a prior agreement not to work overtime with your employer, then you can be subject to disciplinary action or termination if you refuse to work overtime.
Some employees are exempt from overtime pay. These are positions such as administrative, executive, or professional employees. Additionally, supervisors employed primarily for the position of supervision. However, merely being a salaried employee does not exempt you from being eligible for overtime pay. An employee’s job duties determine their eligibility.
To receive overtime pay, employees must work more than 40 hours in a single workweek. Employers are then required by law to pay the employee at a rate of time and a half the standard pay rate for that employee. Adding “comp” (compensatory) time or averaging two or more weeks together does not make an employee eligible for overtime.
Pennsylvania and the FLSA exempt some employees from overtime pay. Administrators, executives, professionals, and outside sales employees do not fall under the category for those eligible for overtime pay. Additionally, for salaried employees to qualify, their earnings must equal at least $455 per week.
Make sure you perform your research or speak with a qualified attorney. State laws are complicated and can change. Talking with an attorney will ensure you have the best possible outcome in a wage dispute.
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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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.