What Are The Overtime Laws In Pennsylvania ?
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.
Review of Overtime Laws in Pennsylvania
Here is an overview highlighting guidelines for Pennsylvania’s overtime laws.
- Wage Payment and Collection Law (Pennsylvania Statute)
- Fair Labor Standards Act (FLSA) of 1938
|Ways to Calculate Overtime Calculation:|
- Hourly: An employee earns overtime at a rate of time and a half for each hour over 40 worked in a single week.
- Hourly Plus Bonus and/or Commission: To find out how much overtime must be paid in a work week, take the total hours and multiply it by the hourly rate. Add to this number any bonus or commission. Then divide this number by the hours in work week. Overtime pay is compensated at 1.5 times each hour worked over 40.
- Salary: Divide the regular rate by the number of hours the salary should cover.
- Any hours less than 40 are to be paid at the regular rate.
- Hours over 40 are to be paid at time and a half.
|Overtime Requirements in Pennsylvania |
- Mandatory after 40 hours. Each hour over must be paid at 1.5 times the normal hourly rate.
- Workers with salaries over +$100,000 could be eligible to earn overtime pay.
- Working over 8 hours a day does not result in mandatory overtime.
- The statute of limitations for collecting unpaid overtime is two years.
- Computer employees required by Pennsylvania law to receive overtime.
|Wage Complaint Filing |
- U.S. Dept. Of Labor Complaint Form
- PA Dept. Of Labor Complaint Form
What Are the Overtime Laws in Pennsylvania?
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.
Am I Required to Work Overtime?
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.
Are Salaried Employees Eligible for 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.
How Is My Overtime Pay Calculated?
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.
Who Do Overtime Laws Cover?
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.
Explore the Laws
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.
Do You Think You Have a Case? Contact Lemberg Law for Counsel
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.