Hours & Pay Regulations
The term workweek shall mean a period of 7 consecutive days starting on any day selected by the employer. Overtime shall be compensated on a workweek basis regardless of whether the employee is compensated on an hourly wage, monthly salary, piece rate or another basis. Overtime hours worked in a workweek may not be offset by compensatory time off in any prior or subsequent workweek.
Under state law, hours worked include the time when an employee is required by the employer to be on the premises of the employer, to be on duty, or to be at the prescribed workplace; and time spent traveling as part of the duties of an employee during normal working hours.
Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer’s establishment to clock in, load up, etc. If an employee leaves directly from home to the job site or vice versa it is not paid time.
Employees covered by Pennsylvania’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week.
There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has the policy to pay such benefits or a contract with you to pay for these benefits. An employer must follow its own rules for these kinds of payments. There may also be federal requirements governing leave that has to be provided under the Americans with Disabilities Act and Family Medical Leave Act.
Employers covered by Pennsylvania’s minimum wage law must pay employees at least $7.25 an hour. If the federal minimum wage increases above the state’s minimum wage, the state’s minimum wage will increase to the same amount effective on the same date as the federal increase. Employees may not agree to work for less than the minimum wage.
With a certificate from the Department of Labor, learners and students can be paid 85 percent of the minimum wage. Under a license from the Labor Department, disabled workers also can be paid less than the minimum wage.
Tips can count toward meeting the minimum wage, as long as the employer pays a minimum cash wage of $2.83. Tipped employees, those customarily receiving more than $30 a month in tips, must be informed of this provision.
Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. A collective bargaining agreement may also govern this issue.
- Victims of a crime; or
- Witnesses to a crime; or
- Members of a crime victim’s family.
Last updated on: September 24th, 2018