Filing a Wage and Hour Claim - Pennsylvania
Does Pennsylvania have state overtime laws that are different from federal law?
Like federal law, Pennsylvania law requires that employees be paid one and one-half time their regular rate of pay for any hours worked over 40 in any seven-day workweek.
Anyone who is not covered by Pennsylvania's minimum wage (see the next section, below) is also not covered by the state's overtime provisions. In addition, the following individuals who are covered by the state minimum wage requirement are not covered by the overtime requirement:
- Salespersons, parts persons, or mechanics selling and servicing automobiles, trailers, trucks, farm implements or aircraft
- Taxicab drivers
- Announcers, news editors, or chief engineers at small TV and radio stations
- Employees engaged in processing maple sap into sugar (other than refined sugar) or syrup
- Movie theater employees
- Motor carrier employees
Does Pennsylvania have a minimum wage that is different from federal law?
Pennsylvania's minimum wage is $7.25 per hour, equal to the current federal minimum wage.
The minimum wage for state employees, however, is $12.00 per hour. This state employee minimum wage also applies to employees of contractors who spend 20% or more of their time on state projects. Employees exempt from the regular minimum wage are also exempt from the state employee minimum wage. This rate will rise $0.50 every year through 2024. The full executive order behind this rate can be read here.
The following employees are not covered by Pennsylvania's state minimum wage law:
- Farm workers
- Domestic workers employed in or about the private home of their employers
- Employees connected with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than 4,000
- Executive, administrative, or professional employees, including elementary and secondary school teachers and administrators
- Outside salespersons
- Volunteers for educational, charitable, religious or nonprofit organizations
- Seasonal employees under 18 (or under 24 if students) if employed by nonprofit health or welfare agencies engaged in activities for handicapped or exceptional children, or if employed by a nonprofit day or resident recreational camp operating for less than three months out of the year
- Employees of public amusement or recreational establishments that operate for no more than seven months per year or that make most of their money in only six months out of the year.
- Golf caddies
- Switchboard operators for small telephone companies
- Employees (not subject to civil service laws) of elected officials, or elected officials themselves
Employers are permitted to apply tips against the minimum wage using a complicated formula. In general, the tip credit an employer applies to an employee's wages may not count for more than 40% of the employee's wage. In other words, if a tipped employee is making minimum wage, the employer must pay at least $2.83 per hour which, combined with tips, will add up to $7.25 per hour.
An employer is also allowed to credit the value of board, lodging or other facilities, but only if those are customarily provided by the employer to her/his employees.
Do any cities or counties in Pennsylvania have a minimum wage that is different from state or federal law?
No cities or counties in Pennsylvania currently have a minimum wage that is different from the federal minimum of $7.25 per hour.
Does Pennsylvania have meal and rest break requirements, unlike federal law?
Pennsylvania law does not require employers to provide meal or rest breaks to employees 18 years old or older. If your employer does provide you with a break of 20 minutes or less, (s)he is required to pay you for that time. Employers are not required to pay for meal periods over 20 minutes during which employees are not working. Employees between 14 and 17 years old must receive breaks of 30 minutes for every five consecutive hours worked.
How do I file a wage/hour or labor standards claim in Pennsylvania?
If your employer owes you wages, you can file a wage claim with the Pennsylvania Department of Wage and Industry. If your claim is valid, the Department will contact your employer in order to help you recover your unpaid wages. If that is not successful, the Department can also bring a suit in court on your behalf against your employer. If your employer does not pay you within 60 days of your filing a claim, you may be entitled to an additional 25% of the value of the wages you are owed.
What are my time deadlines?
Do not delay in contacting the OHR or EEOC to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Pennsylvania Department of Labor to act on your behalf, you must file your wage complaint within three years of when your wages are due, since this is the statute of limitations for filing a case for unpaid wages. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible.
How can I or my attorney pursue a claim in court in Pennsylvania?
Instead of filing a wage claim with the Department of Labor, you may also file an individual suit in court to recover your unpaid wages. The statute of limitations for such a claim is three years after the date on which your wages were due. Under certain conditions, the court may require the employer who owes you wages to pay your attorneys' fees and may award you an additional 25% of the wages you are owed.
More answers about wages in Pennsylvania may be found here.
State Labor Agency
You can contact the following offices of the Bureau of Labor Law Compliance:
1301 Labor & Industry Building
651 Boas St.
Harrisburg, PA 17120-0019
Phone: (717) 705-5969
1103 State Office Building
110 North 8th St., Suite 203
Philadelphia, PA 19107-4064
Phone: (215) 560-1858
1201 State Office Building
301 5th Ave, Suite 330
Pittsburgh, PA 15222-1210
Phone: (412) 565-5300 Toll-Free: 1-877-504-8354
1130 12th Avenue
Altoona, PA 16601
Phone: (814) 940-6224
201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
Phone: (570) 963-4577
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