Pennsylvania Labor Laws: Wages, Breaks, Overtime

Yes, Pennsylvania labor laws set specific rules for minimum wage, overtime pay, and child labor, but they do not require most employers to provide meal or rest breaks for adults. The Pennsylvania Minimum Wage Act (PMWA) and the Pennsylvania Department of Labor & Industry (L&I) govern these standards, which apply to most private employers in the state.

Formula

Overtime pay = (Hours worked − 40) × Regular hourly rate × 1.5
Gross pay = (40 × Regular hourly rate) + Overtime pay (if hours > 40), otherwise Hours × Rate.

Variables:
– Hours worked per week (h): total hours actually worked in a workweek, in hours.
– Regular hourly rate (r): the employee’s standard hourly wage, in dollars per hour.
– Overtime pay (ot): additional pay for hours over 40, in dollars.
– Gross pay (gp): total weekly earnings before deductions, in dollars.

Worked Example

Using the default values: h = 40 hours, r = $15/hour.
Since h is not greater than 40, overtime = $0.
Gross pay = 40 × $15 = $600.00.
The calculator shows overtime $0.00 and gross pay $600.00.

Minimum Wage and Tipped Employees

As of 2025, Pennsylvania’s minimum wage is $7.25 per hour, the same as the federal rate. Tipped employees must receive at least $2.83 per hour in direct wages; if tips plus that wage do not equal $7.25, the employer must make up the difference. This “tip credit� rule applies to workers who regularly receive more than $30 per month in tips. Some municipalities, such as Philadelphia, have their own higher minimum wage laws that apply within city limits.

Overtime Rules

Under the PMWA, any non-exempt employee who works more than 40 hours in a workweek must be paid 1.5 times their regular rate for the extra hours. The workweek is a fixed, recurring 7-day period, not necessarily a calendar week. Employers cannot average hours over two weeks to avoid overtime. Certain categories are exempt, including most salaried executive, administrative, and professional employees who meet salary and duty tests, as well as some outside salespeople and farm workers. Misclassification is a common issue—being paid a salary does not automatically make a worker exempt.

Breaks and Meal Periods

Pennsylvania law does not require employers to provide meal breaks, rest breaks, or coffee breaks for workers aged 18 and over. If an employer does offer a break, it must be paid if the break is 20 minutes or less (federal rule). Meal periods of 30 minutes or more are generally unpaid if the employee is completely relieved of duties. For workers under 18, the law is stricter: minors must receive a 30-minute rest break for every 5 consecutive hours worked, and these breaks are unpaid if the minor is free to leave the workplace.

Child Labor Restrictions

Minors under 18 face special limits on hours and types of work. For example, 14- and 15-year-olds may work only outside school hours, no more than 18 hours per school week, and not before 7 a.m. or after 7 p.m. (9 p.m. during summer). Sixteen- and 17-year-olds may work more hours but are still barred from hazardous occupations like mining or operating certain power-driven machinery. Work permits are required for minors, and employers must keep them on file. The Pennsylvania Child Labor Act also sets penalties for violations, including fines and possible criminal charges.

Wage Payment and Paystub Rules

The Pennsylvania Wage Payment and Collection Law (WPCL) requires employers to pay wages on regular paydays and to provide itemized paystubs showing gross wages, deductions, and net pay. Final paychecks must be paid on the next regular payday after termination, or sooner if the employer’s policy states otherwise. Employers cannot deduct from wages for cash shortages, damaged equipment, or uniforms if the deduction brings the pay below minimum wage. Deductions for tools, meals, or lodging are allowed only if the employee agrees in writing and the items are primarily for the employee’s benefit.

Frequently Asked Questions

Does Pennsylvania require paid sick leave?

No state law mandates paid sick leave for private employees, but Philadelphia and Pittsburgh have local ordinances that provide it for certain workers. The state itself does not require any paid time off for illness.

Can an employer force me to work off the clock?

No. All time that an employee is suffered or permitted to work must be paid, including pre-shift preparation and post-shift closing tasks. If you are working, you must be compensated at least minimum wage and overtime where applicable.

What is the penalty for not paying overtime in Pennsylvania?

Employers can be liable for unpaid wages, an equal amount as liquidated damages, plus attorney fees and interest. The state L&I may also impose civil penalties up to $1,000 per violation.

Are independent contractors covered by Pennsylvania labor laws?

Generally no. Independent contractors are not employees, so minimum wage, overtime, and child labor rules do not apply. However, many workers are misclassified—the state uses a multi-factor test to determine true status, and misclassification can lead to back wages and penalties.

Do I get overtime for working on holidays or weekends?

No. Pennsylvania law only requires overtime for hours worked over 40 in a workweek. Working on a holiday or weekend does not trigger overtime unless those hours push you past 40. Some employers offer premium pay voluntarily, but it is not legally required.

How do I file a wage complaint?

You can file a complaint with the Pennsylvania Department of Labor & Industry’s Bureau of Labor Law Compliance. You should have pay stubs, time records, and any written agreements. There is a statute of limitations—typically 3 years for wage claims—so act promptly.

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in h | Hours worked per week | hours | 40 | 0
in r | Regular hourly rate | $ | 15 | 0
out ot | Overtime pay per week | $ | (h > 40 ? (h - 40) * r * 1.5 : 0) | 2
out gp | Gross pay per week | $ | (h > 40 ? 40 * r + (h - 40) * r * 1.5 : h * r) | 2