Get a free, confidential, no obligation review. §201 et seq., and the Wage Payment and Collection Law (“WPCL”). Continue Reading Federal Court Holds That FLSA’s “Fluctuating Workweek” Method of Overtime Compensation Violates PA Law. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Pennsylvania overtime laws). Pennsylvania Overtime Rules. pa labor law for mandatory overtime? Boiler and Unfired Pressure Vessel Law: 717-214-4319 . Woman Says Candy Company Fired Her for Orientation, Pregnancy. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law. Many executive and administrative employees are … 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. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The federal Fair Labor Standards Act (“FLSA”) imposes a general requirement that employers pay overtime to non-exempt employees for hours worked in excess of 40 hours per workweek. Under Pennsylvania labor laws and overtime rules in PA, overtime pay of at least 1 ½ times the employee’s regular wage rate must be paid for all hours worked over 40 in a workweek. Section 7(j) of FLSA provides, however, that certain employers in the health care industry can rely on the “8/80” method of overtime calculation instead of the standard 40 hour workweek approach. The United States Department of Labor administrates the Fair Labor Standards Act, which mandates the federal minimum wage, overtime, child labor and record-keeping laws. my employer has mandatory 8 hours over time posted until further notice. My question is in regards to the legality of how my workplace is currently handling the 'schedule switch' for myself and a few other coworkers. Title : Contact : Apprenticeship & Training Act None . If no alternative ... PA Labor Relations Act: None . Are you owed more? Required over 40 hours at a rate of 1.5 time standard pay; Highly paid workers (+$100,000) may qualify for overtime pay; No mandatory overtime for working over 8 hours a day; 2-year statute of limitation for collecting unpaid overtime. $875 per week, $45,500 annually on October 3, 2022. Some employees, known as exempt employees, do not receive a pay increase for overtime hours worked. Pennsylvania's overtime regulations are almost identical to the federal labor regulations requiring employers to pay their nonexempt employees at least time and one-half for work exceeding 40 hours per week. By Jodi Frankel on July 5, 2012. While the laws’ requirements are similar, they are not identical. MEDIA CONTACT: Sarah DeSantis, L&I, 717-787-7530 or dlipress@pa.gov. of Labor: Wage and Hour FAQs. Laws . 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. Labor costs can vary between different parts of the country depending on the nature and skill of the work that is being performed. If your employer does not give you any meal break, even in a long shift, they are not violating any Pennsylvania labor laws about breaks. Pennsylvania’s labor costs are competitive with many different states, particularly after factoring in the productivity and skill of Pennsylvania’s labor force. Harrisburg, PA – Department of Labor & Industry (L&I) Secretary Jerry Oleksiak today announced Pennsylvania's new overtime rule will become effective when the final, approved regulation is published in the PA Bulletin on Saturday, October 3, 2020. Pennsylvania overtime laws, as well as federal labor laws, require overtime to be paid at a rate of one and a half times a worker's average hourly wage. This guide will explain which workers are eligible for overtime according to PA overtime laws, and how much you can expect to be paid in overtime. On Saturday, October 3, 2020, the Pennsylvania Department of Labor (DOL) published their guidance on how to implement the state DOL’s final rule that increases the minimum weekly salary to be exempt under the white-collar exemptions of the Pennsylvania Minimum Wage Law. Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. "Tomorrow marks the first update to the commonwealth's overtime regulations in more than four decades," said Secretary Oleksiak. Employers are not required by Pennsylvania overtime laws to provide overtime pay for a shift longer than 8 hours, as long as the employee is not working more than 40 hours in one week. "The modernized regulation will expand eligibility for overtime to 143,000 people and strengthen overtime protections for up to 251,000 or more. Federal overtime rules apply except in situations where the PA laws provide a better benefit for the employee. What are wage and hour laws? This is actually also the standard work week length and premium overtime pay rate prescribed by the federal statutes on overtime labor, the so-called Fair Labor Standards Act. At my job, we have two different teams that work alternating weekends. Pennsylvania law requires that a worker's pay for overtime hours must be at least 1.5 times his or her regular pay rate. Police & Firefighter Collective Bargaining Law: None . As clarified in 2004 by the Pennsylvania Department of Labor and Industry, employers must comply with the Pennsylvania Minimum Wage Act in addition to the new federal overtime regulations. If you spend more than 80% of your time at work doing professional, executive, or administrative job duties, or making outside sales calls, you are exempt from PA overtime laws and your employer does not need to pay you any overtime. When Every Paycheck Counts, Workers Count on Us. This final rule ensures that employees who work overtime are fairly and fully compensated for their labor in accordance with the original intent of the Pennsylvania Minimum Wage Act.". It is important for all workers in the state of Pennsylvania to understand their rights according to PA overtime laws. Pennsylvania Overtime Pay Laws - PA Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Employers are not allowed to average an employee's hours over multiple weeks, or to give “comp time” in lieu of overtime, according to PA overtime laws. Asbestos Occupations Abatement Accreditation and Certification Act: 717-772-3396 . The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime … With a few exceptions, all hourly employees who work more than 40 hours per week, Most salaried employees who work more than 40 hours per week and earn less than the salary threshold regardless of their job duties, Most salaried employees who do NOT perform executive, administrative, or professional duties, regardless of how much they are paid, Salaried employees who perform executive, administrative, or professional duties and make more than the salary threshold per year, Other occupations exempted by the Minimum Wage Act. The Pennsylvania Overtime law mirrors the Federal Fair Labor Standards Act (FLSA) in many ways. Am I … Laws Governing Forced Overtime in PA Pennsylvania State labor laws, which were created through a series of acts in the 20th century and are updated regularly in order to meet contemporary federal standards, extend to protect both salaried and non-salaried employees. The exemptions are few and narrowly construed. L&I updates the Minimum Wage Act's regulations to expand eligibility for overtime and strengthen protections for Pennsylvanians. 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. For many workers, the federal overtime requirements are actually pretty simple: Most workers are entitled to higher wages, often referred to as time-and-a-half, for any hours they work over 40 in one workweek. The FLSA regulations update that took effect on January 1, 2020, raised the federal overtime salary threshold to $35,568. If an employer does choose to give meal breaks to an employee, all meal breaks lasting 20 minutes or longer may be unpaid. Federal overtime laws apply to all nonexempt employees -- those that are not exempt from the FLSA overtime pay requirements. In 2008, the Pennsylvania legislature enacted the Prohibition of Excessive Overtime in Health Care Act, amending the Pennsylvania statutes. Many employers try to skirt Pennsylvania overtime laws by providing “comp time” or classifying non-exempt employees as overtime exempt. * Denotes a required field. Confidential Review; Name * First Last. State Labor Laws; Pay Methods. According to Pennsylvania overtime laws, you must be given overtime for any hours worked over 40 in a one-week period. Filing a Wage Complaint Overtime laws require employers to pay employees a wage rate that is greater than their regular rate for hours worked beyond a designated threshold. The Pennsylvania Minimum Wage Act Exemption requires employers to pay their employees at a rate of not less than $7.25 an hour for all hours worked and an overtime rate of 1.5 times the employee's regular rate of pay for all hours worked above 40 in a workweek. The final rule updates the salary threshold to reflect current wages paid to Pennsylvanians working in executive, administrative, and professional occupations. Labor Laws of PA for hourly and overtime work. Pennsylvania's updated overtime salary threshold will be phased in over three steps: $684 per week, $35,568 annually (per federal rule), on October 3, 2020 (note: this is the current level required by federal law; employers have been required to comply with this threshold since January 1, … If your … To qualify for the exemption, employees must meet certain tests regarding their salary and their job duties. Established Wage and Hours Laws At the federal level, overtime pay is governed by the Fair Labor Standards Act (FLSA) originally established in 1938. Forced overtime (also known as mandatory overtime) is a topic of constant conflict in many workplaces and a sticking point for labor advocates. Special Child Labor Laws in Pennsylvania In addition to laws requiring work certificates or age verification for general employment of minors, most states have special regulations governing the employment of minors in agriculture (such as farm work and harvesting), and the entertainment industry (including child actors, models, and performers). Employers in Pennsylvania must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. The PMWA and FLSA both place minimum wage and overtime pay obligations on Pennsylvania employers. While some employers or union contracts may specify that employees can receive double time for some hours worked, in the absence of these agreements, PA overtime laws never require paying double wages to any employee for any number of … Some states have their own overtime pay laws as well that may be slightly different from the FLSA with respect to overtime pay for Physician Assistants. This means employers who formerly followed PA law need to be aware of the changes at the federal level that might affect their employment practices when it comes to overtime pay. i work 4 (10) hour days. Harrisburg, PA – Department of Labor & Industry (L&I) Secretary Jerry Oleksiak today announced Pennsylvania's new overtime rule will become effective when the final, approved regulation is published in the PA Bulletin on Saturday, October 3, 2020. Pennsylvania state law and federal law each require that covered employers pay minimum wage ($7.25) and overtime (time and a half on more than 40 hours worked in a workweek) to employees unless they are exempt from these requirements. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law . Mark . Under the Fair Labor Standard Overtime Laws (FLSA), physician assistants (PA) are often entitled to overtime pay in most states throughout the United States. Pennsylvania really doesn’t have minimum wage or overtime laws of its own. Posted in Wage & Hour. Confidential Legal Review. You may be trying to access this site from a secured browser on the server. Mass Layoffs (WARN) Meals and Breaks. Labor Law Education Center > Employment Labor Laws > Minimum Wage and Overtime > State of Pennsylvania (PA) Overtime Labor Law Regulations. Overtime Rule for Pennsylvania Exempt Status Minimum Weekly Salary. Disability Discrimination (ADA) Discrimination Laws. Trump’s Department of Labor just released the final rule that will require businesses to pay overtime wages to a much larger group of employees if they work more than 40 hours a week. Minimum Wage for Tipped Employees. Overtime Rule for Pennsylvania Exempt Status Minimum Weekly Salary. The United States Department of Labor (U.S. DOL) issued a final rulemaking in September raising the federal overtime salary threshold to $35,568, which, on January 1, 2020, will make 61,000 Pennsylvanians newly eligible for overtime. The PMWA’s requirements apply to essentially all employers in Pennsylvania. Overtime Laws. More information can be found on L&I's website at www.dli.pa.gov, as well as Facebook or Twitter. That’s the federal standard, one-and-one-half your regular rate for all hours over 40. To determine whether a job qualifies for overtime, it’s a very difficult test under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. See FLSA: Overtime for more information regarding overtime requirements. Because of this, there are many positions that are considered exempt from overtime requirements. We saw that, in the case of the minimum wage, Pennsylvania follows the federal Fair Labor Standards Act to the letter. Labor Laws of PA for hourly and overtime work. My question is in regards to the legality of how my workplace is currently handling the 'schedule switch' for myself and a few other coworkers. The Wolf Administration does not believe the new U.S. DOL rule truly reflects what Pennsylvanians are being paid. Pennsylvania law requires overtime for computer employees. 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