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. 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. "The modernized regulation will expand eligibility for overtime to 143,000 people and strengthen overtime protections for up to 251,000 or more. If an employer does choose to give meal breaks to an employee, all meal breaks lasting 20 minutes or longer may be unpaid. Minimum Wage for Tipped Employees. Pennsylvania’s Prohibition of Excessive Overtime in Health Care Act prevents health care facilities such as hospitals from requiring excessive overtime work from salaried and non-salaried employees who are in direct and frequent contact with patients. While the laws’ requirements are similar, they are not identical. 43 Sec. 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. Overtime. Police & Firefighter Collective Bargaining Law: None . There are certain employees who are exempt from overtime pay, but for those that are non-exempt, they are in their legal right to be paid their overtime wages. You'll also learn what to do if your employer has violated these labor laws. State Labor Laws; Pay Methods. You may be trying to access this site from a secured browser on the server. 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. 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. 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. 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. Boiler and Unfired Pressure Vessel Law: 717-214-4319 . Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The PMWA’s requirements apply to essentially all employers in Pennsylvania. Disability Discrimination (ADA) Discrimination Laws. i work 4 (10) hour days. Overtime Rule for Pennsylvania Exempt Status Minimum Weekly Salary. Employers are also not required by PA overtime laws to pay overtime for working on Sundays or holidays, although if union contracts or employment agreements may specify overtime in these circumstances it must be given. 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). Please enable scripts and reload this page. According to Pennsylvania overtime laws, you must be given overtime for any hours worked over 40 in a one-week period. 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. Are you owed more? The Fair Labor Standards Act (FLSA) is the primary piece of federal labor law legislation, laying the foundation for most federal labor laws, including rules for overtime and minimum wage. While states can add additional laws on top of the FLSA, they cannot take laws away from it. Pennsylvania Overtime Rules. Overtime Unless exempt from the overtime provisions, an employee must be paid at a rate of one and one-half their regular (hourly) rate for all hours worked over 40 per week. Employees who perform different types of work for which they receive varying rates of pay must be paid overtime at a weighted average hourly rate. Because of the new thresholds being set, FLSA will supersede Pennsylvania labor law on overtime eligibility in some respects. The Pennsylvania Overtime law mirrors the Federal Fair Labor Standards Act (FLSA) in many ways. Pennsylvania law requires that employers pay wages on regularly scheduled pay dates designated in advance by the employer. Pennsylvania law requires that employers pay wages on regularly scheduled pay dates designated in advance by the employer. Pennsylvania Labor Laws. To qualify for the exemption, employees must meet certain tests regarding their salary and their job duties. Bedding and Upholstery Law: 717-787-6848 . You may also file a complaint with the Department of Labor, which can often lead to you receiving back wages to compensate you for the missing overtime compensation you are owed. These laws protect against discrimination and ensure that employers pay overtime pay and minimum wage, among several other aspects of employment. These attorneys specialize in resolving disputes between employees and employers. The Wolf Administration does not believe the new U.S. DOL rule truly reflects what Pennsylvanians are being paid. Overtime. Pennsylvania really doesn’t have minimum wage or overtime laws of its own. §201 et seq., and the Wage Payment and Collection Law (“WPCL”). The Fair Labor Standards Act (FLSA) of 1938 encompasses all these laws. 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. L&I set the minimum salary threshold at $45,500, to be phased in … 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 hours worked. Asbestos Occupations Abatement Accreditation and Certification Act: 717-772-3396 . Overtime Laws Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com , includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. The Fair Labor Standards Act (FLSA) defines overtime as any hours logged over 40 in a work week. 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 law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee's regular rate for hours worked in excess of 40 in a workweek (PA Code Tit. Labor Law Education Center > Employment Labor Laws > Minimum Wage and Overtime > State of Pennsylvania (PA) Overtime Labor Law Regulations. my employer has mandatory 8 hours over time posted until further notice. L&I updates the Minimum Wage Act's regulations to expand eligibility for overtime and strengthen protections for Pennsylvanians. In 2008, the Pennsylvania legislature enacted the Prohibition of Excessive Overtime in Health Care Act, amending the Pennsylvania statutes. Yes; No; What type of work do you do? Child Labor Act: None . 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. More information can be found on L&I's website at www.dli.pa.gov, as well as Facebook or Twitter. 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. Overtime Laws Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com , includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. 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. State of Pennsylvania (PA) Overtime Labor Law Regulations. What Are the Laws on Overtime? Labor costs can vary between different parts of the country depending on the nature and skill of the work that is being performed. 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. Much like with meal breaks, Pennsylvania labor laws about breaks do not require employers to provide any rest or coffee breaks for employees—not even for just a few minutes in a long shift. Overtime laws require employers to pay employees a wage rate that is greater than their regular rate for hours worked beyond a designated threshold. $684 per week, $35,568 annually (per federal rule), on January 1, 2020; $780 per week, $40,560 annually on October 3, 2021; and. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. 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. 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 . Hello all. 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. 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. Prohibition of Excessive Overtime in Health Care Act: None . 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. 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. Overtime protections for Pennsylvanians violated these Labor laws of PA for hourly overtime. 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