Pennsylvania Pay Day Requirements

Labor Laws

In Pennsylvania, federal and state laws govern pay day laws including wage and hour requirements. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). The major state laws governing pay day requirements is known as Pennsylvania Wage Payment and Collection law. It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers.

Here, we will focus on the the Pennslvania Wage and Hour Act including pay day requirements (frequency and manner), minimum wages and overtime pay.

Pay Day Requirements: How Often

Pennsylvania employers must pay their hourly employees every two weeks or more frequently depending on the terms of the employment contact.

Method of Payment

An employer may pay wages by cash, check, or direct deposit, so long as the employee consents

What is the Minimum Wage in Pennsylvania?

The minimum wage for employees in Pennsylvania is $7.25 per hour.

When is an Employee Entitled to Overtime Pay?

If an eligible employee works more than 40 hours in a single week, he or she will be entitled to 1 1/2 times their hourly pay rate. Certain workers are exempt from receiving overtime pay such as executives receiving a salary or elected officials.

Is there a Penalty for Failing to Follow Pay Day Laws?

Yes. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted.

See Fair Wages FAQ, Exempt Employees, and Employees Rights 101 the for more information.

Code Sections

Wage and Hours in the Workplace

1) Fair Labor Standards Act (FLSA)

2) The Pennsylvania Minimum Wage Act, Act 112 of 2006 (Act)

Pay Day Requirements

Employers must pay their non-salaried employees semi monthly or more frequently than semi monthly, unless otherwise stipulated in an employment contract at the time of hire.

Method of Payment

Cash, check and direct deposit or payroll debit card

Minimum Wage

Hourly Employees $7.25 per hour

Tipped Employees: $2.83 per hour

Overtime Pay Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1 1/2 times the employee's straight time rate of pay.
Are Salaried Employees Entitled to Overtime? Not usually. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.
Workers Not Covered Under State Minimum Wage Law

The following employees may still be covered by the Federal Fair Labor Standards Act.

  • Students
  • Independent contractors
  • Farm laborers
  • Domestic service workers in a private home of an employer
  • Newspaper delivery persons
  • Workers connected with the publication of weekly, semi-weekly or daily newspaper with a circulation of less than 4,000, when the major portion of circulation is in the county where published or in a bordering county
  • Employees in an executive, administrative or professional capacity
  • Employees in an educational, charitable, religious or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously
  • Employment by a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (1) it does not operate more than 7 months a year, or (2) during the preceding calendar year the average receipts for any 6 months were not more than thirty-three and one-third percent for the other 6 months of the year
  • Golf caddies
  • Switchboard operators employed by an independently owned public telephone company which has no more than 750 stations
  • Employees not subject to Civil Service Laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to the officeholder, or are appointed by the officeholder to serve on a policy making level
Enforcement

Pennsylvania Department of Labor and Industry

Meal Breaks

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 to employees 18 and over.

If an 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.

 

State employment laws are constantly changing. Please consider contacting a local employment law attorney who can help you better understand current Pennsylvania laws.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.