Pennsylvania has primarily adopted the standards set as written in the Fair Labor Standards Act which was created by the Federal Government. You are not entitled to overtime pay just because you work a holiday. Please enable scripts and reload this page. 43 Sec. School year. If your employer has loaned you funds, it can deduct the amount from your earnings as long as you have given written authorization. A number of states require employers to provide meal breaks or rest breaks. Pennsylvania Code 231.1. Many things can speed up or slow down the payment of a wage claim. You may be trying to access this site from a secured browser on the server. An employer does not need to give a reason to fire an employee under Pennsylvania wage and hour laws. It also includes time employees are employed or permitted to work. Overtime Certified nursing assistants receive 1.5 times their hourly wage for all labor that exceeds 40 hours for a workweek. Of course, normal tax deductions must be made. If the Department determines that you have a valid wage claim, the time it takes to collect the money from your employer can range from several days to several months. Example: If your employer has a policy to pay holidays and you are required to work on a holiday, you would receive straight time for the hours you worked and then payment according to the employer's policy for the holiday. 16 and 17 year olds. If an employer provides a meal period, it does not need to be paid if the employee does not work during the meal period and it lasts more than twenty (20) minutes. Employers must pay the highest minimum wage applicable to employees, whether set by federal, state, or local law. There is no Pennsylvania labor law which requires an employer to pay an employee not to work. - Answered by a verified Employment Lawyer. An employer should have set guidelines to establish who qualifies for benefits and who does not. Compensatory time off in place of payment for overtime is not legal. Updated June 23, 2020: Not Getting Paid for Hours Worked Laws: Everything You Need to Know. Although Pennsylvania does not have a lunch and break law for those persons 18 and over, there are applicable federal rules for Pennsylvania residents. MANY ISSUES MAY ALSO BE SPECIFICALLY ADDRESSED BY COLLECTIVE BARGAINING AGREEMENTS AND PRIVATE CONTRACTS. However, employers are still required by law to pay most day rate employees overtime for all hours worked in a week over 40. They may work in amusement parks, as an attendant, as a cook, and as a lifeguard. 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 … Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. For example, if your normal payday (the day you are paid your wages) is on the 15th of the month, your employer could give you written notice of a change in your rate of pay any day before the 15 th . Nurses cannot be forced to work beyond their regularly scheduled shifts.Nurses can elect to work overtime, but no shift can last longer than 14 consecutive hours. CONTACT THE UNITED STATES DEPARTMENT OF LABOR FOR FURTHER CLARIFICATION OF FEDERAL LAW. If you are required to carry a beeper but are free to pursue your own interests, you would not be required to be paid until you had to respond to a call. Since federal labor laws cover all hospitals and most other health care facilities, the federal minimum wage covers hospital employees in states with lower minimum wages or no minimum wage. I am a Paramedic that recently moved to PA from Alabama. of Labor: Wage and Hour FAQs. Earlier this year, the Pennsylvania Child Labor … State wage and hour laws require the same. However, you may wish to check with an attorney to see whether or not you can file a civil lawsuit against your employer for wrongful discharge. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. Pennsylvania minimum wage laws require employers to compensate employees for all hours worked. For adult employees, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for overtime pay in both the private and public sector.On a work week basis, this act requires employers to pay a wage of 1 1/2 times an employee's normal pay rate after that employee has completed 40 hours of work for workers 16 and over. Special Child Labor Laws in Pennsylvania In California, nonexempt employees who work at least 5 hours per day must be provided at least a 30-minute unpaid meal break. Related topic covered on other pages include: 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. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. When an employee is paid on a non-hourly basis (e.g. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. Statute. A collective bargaining agreement may also govern this issue. Child Labor Laws in Pennsylvania For Minors 16 and 17 Years Old Minors 16 and 17 years of age may work in a variety of jobs with a work permit. You must give written authorization to your employer to make such non-tax related deductions. Wage and Hour Laws in Virginia. Proudly founded in 1681 as a place of tolerance and freedom. What are the PA labor laws concerning hours worked for a salaried employee working 9-18 hours a day 6-7 days a week? Keystone State. Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. The pay-stub also has to state the beginning and ending dates of the pay period. 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. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits. According to the United States Department of Labor, working a 24-hour shift can cause employees emotional, mental and physical stress. Click here for complete details on Pennsylvania's new minimum wage requirements, click here for complete details on Pennsylvania's new minimum wage requirements. Under the terms of the federal Fair Labor Standards Act (\"FLSA\"), an employer is required to compensate each employee for all hours worked. Some employers who provide benefits to full time workers may not provide the same benefits to their part-time or temporary employees. Develop a skilled workforce that meets the needs of Pennsylvania’s business community, Promote access to good-paying jobs for all Pennsylvanians, Create career pathways to fast growing, 21st century jobs. THE MORE RESTRICTIVE OF THE TWO WILL APPLY. Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes. Pennsylvania labor laws do not require employers to provide employees with severance pay. Pennsylvania is an 'AT WILL ' state. Don't I Have to Be Paid for "On-Call" Time? Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be for the employee's benefit. Work is prohibited during these hours: 7 p.m. (10 p.m. during vacation from June to Labor Day) to 7 a.m. For Minors Ages 16 and 17: Work is prohibited during these hours: 12 p.m. (1 a.m.before non-school day) to 6 a.m., if enrolled in regular day school. State law also requires a day of rest break. A: During a school vacation period, minors 16 years of age or older may be permitted to be employed for no more than 10 hours a day and can work until 1 am. When trying to determine if you need to be paid while on call, you need to look at your freedom to pursue your own interests while "on call." Code 231.1(b) Do I Have to Work Overtime if I Don't Want To? Philadelphia. of Labor: Wage and Hour FAQs. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” The minimum wage in Pennsylvania is $7.25 per hour. If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day. California Meal Breaks. Laws for Younger Workers The FLSA provides that workers under 16 years of age cannot work over 8 hours a day, with a lower limit of 3 hours daily on school days. The Department can refuse to accept your claim for a variety of reasons including lack of evidence to support a claim or the claim is not valid under law. If you are not an exempt employee, your employer must pay you 1-1/2 times your regular rate of pay for hours worked over 40 per week. If you have borrowed money from a third party, you can give the employer written permission to deduct payments from your earnings. The current minimum wage of Pennsylvania is $5.15 per hour. Also, if you feel you were discriminated against because of race, creed, color, age, religion, sex, or similar reason, you may wish to contact the Pennsylvania Human Relations Commission at 1-717-787-4410. An employer must follow its own rules for these kinds of payments. See FLSA: Overtime for more information regarding overtime requirements. Your employer may order you to work overtime. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor requirements of … $500.00 total wages ÷ 40 Hours = $12.50 Per Hour Regular Rate. In Virginia, ... or sick day benefits. Under federal law, employers must pay for hours worked, including certain time that an employer may designate as “breaks.” However, if you are non-exempt they are required to pay you overtime if you work more than 40 hours in a week, regardless of whether you are generally paid on a salaried basis or not. PA Dept. Yes, as long as you are given prior notice of the change the payday before the time the change takes effect and the rate of pay does not fall below the minimum wage. For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. With spring upon us and warmer temperatures hopefully just over the horizon, many employers are beginning to recruit high school students for after-school and summer employment. At … Statute. Information about Pennsylvania sick leave laws may now be found on our Pennsylvania Leave Laws page. Just because you are paid a salary does not mean that you are not entitled to receive overtime. Your employer may discipline or terminate you if you refuse to work overtime. Other employees may be overtime exempt because they may fall … The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). In Pennsylvania, federal and state laws govern pay day laws including wage and hour requirements. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime. PA Dept. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. It depends on your employer's policy regarding the payment of holiday pay. Pennsylvania 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. 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. However, many states have their own state laws regarding overtime pay; but the FLSA sets the minimum standard. Information about Pennsylvania jury duty leave laws may now be found on our Pennsylvania Leave Laws page. What is the Law Regarding Breaks and Meal Periods? Are Salaried Employees Entitled to Overtime? For information on delayed implementation of the new minimum wage rates for smaller employers, you should click here for complete details on Pennsylvania's new minimum wage requirements. The federal Fair Labor Standards Act (FLSA) and Pennsylvania law set the wage and hour standards employers must follow, including the minimum wage, overtime, and other wage protections. If you are required to remain at your employer's place of business and are not allowed to pursue your own interests such as reading, visiting with others, listening to the radio, etc., your employer would be required to pay for this on-call time. What is the Difference between Full-Time, Part-time and Temporary Employees? Some on-call time is required to be paid and some is not. However, collective bargaining agreements may specifically govern this issue. PA Admin. piece work, salary), the regular hourly wage rate is found by dividing the total hours worked during the week into the employee's total earnings. Information about Pennsylvania vacation leave laws may now be found on our Pennsylvania Leave Laws page. This depends on the particular situation. 333.104 ). If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you should try to file a wage claim within two years from the date the work was actually performed. However, you should file a claim as soon as you can. Severance Pay? It regulates how much workers must be paid, how many hours they can be required … While Pennsylvania labor laws about breaks do not require employers to give breaks to adults, but children must be given appropriate breaks. Summer time . Otherwise, as one labor lawyer commented, no one may work more than 168 hours per week, but only because physics prevents it -- there are only 168 hours in a week, after all. Employers must pay employees 1 1 / 2 times their rate of pay after working 40 hours per week ( PA Code Tit. Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer's establishment to clock in, load up, etc. If an employee leaves directly from home to the job site or vice versa it is not paid time. Pennsylvania law requires that minors ages 14 to 17 must be given a meal or rest period of at least 30 minutes if they have worked five hours or more continuously. Even though a minority of states necessitate employers to give workers salaried sick days, neither federal nor Virginia law necessitates companies to propose paid leave. If you are not a full-time employee and you want to know if you are entitled to benefits, you will need to discuss this with your employer. There are no hour regulations for farm work that apply to minors 14 years of age or older (See footnote 2 on Permitted Working Hours Chart) Federal Law: Paid versus Unpaid Breaks. Employers are not required to give breaks for employees 18 and over. In Alaska, mandatory overtime is illegal. Pennsylvania Hours of Work: What you need to know. of Labor: Wage and Hour FAQs. Vacation Pay? Additionally, there are specific breaks required by individual California cities. State law is a different story, however. There may also be federal requirements governing leave that has to be provided under the Americans with Disabilities Act and Family Medical Leave Act. The major state laws governing pay day requirements is known as Pennsylvania Wage Payment and Collection law. Labor Commissioner may give written permission for shorter meal period under each standard. Minors are not to work before 6am or after 12am (midnight) on school days and 1am on Fridays and Saturdays. When school is in session from the day after Labor Day to June 20 ; From June 21 to Labor Day, they may work 4 hours per day between the hours of 7 a.m. and 7 p.m. You must contact the City of Philadelphia. Information about Pennsylvania voting leave laws may now be found on our Pennsylvania Leave Laws page. This meal break may be paid or unpaid. You can find information on the City of Philadelphia city government website. All other establishments and occupations covered by the Labor Law. The number of employees has no bearing on the payment of overtime. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. In Pennsylvania, breaks are required only for farmworkers. However, it may impact the minimum wage rate. PA Dept. If an employer chooses to provide a break and it lasts less than twenty (20) minutes, it must be paid. I Just Gave My Employer Two Weeks' Notice and S/he Fired Me. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. What is the Minimum Wage in Pennsylvania? Click here for complete details on Pennsylvania's new minimum wage requirements. It is important for both employers and employees to understand all aspects of Pennsylvania (PA) wage and hour laws. What Can I Do? 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. What Are the Requirements for Travel Time Pay? of Labor: Wage and Hour FAQs. 43 Sec. It defines hours worked as time employers require employees to be on its premises, to be on duty, or to be at a prescribed work place. For example, an employee who has piece rate earnings of $500 in a workweek for 40 hours work has a regular rate of $12.50 per hour. Overtime Pay Laws for Day Rate Workers “Day rate” or “daily rate” employees are paid a flat amount for each day worked, regardless of the number of hours they put in during each day. 1 hour noon-day period. Wage and Hour Laws in Pennsylvania. Not getting paid for hours worked laws provide that employers must abide by the Fair Labor Standards Act (FLSA) to ensure that all employees are paid for those hours worked. What Kind of Information is My Employer Supposed to Put on My Pay Stub? There may be additional requirements for certain persons within the City of Philadelphia. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Pennsylvania Code 43-40.3(a), Employers are not required to provide breaks to employees eighteen (18) and over. PA Dept. It is not valid to sign a "blanket" authorization at the time of hire to cover any future deductions. The minor may not work more than 48 hours in a single week provided that any hours worked more than 44 … Information about Pennsylvania holiday leave laws may now be found on our Pennsylvania Leave Laws page. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. 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. Neither Federal nor PA law limits the number of days in a row you can be required to work. The PA Minimum Wage Act (MWA) requires employers to pay its employees a minimum of $7.25 per hour for all hours worked. Labor laws in VA are accountable for many of the laws related with Virginia employee privileges. Any person age 14 to 17 who works five or more consecutive hours must be given a minimum of a 30 minute meal break according to PA labor laws about breaks. Sign up for Employment Law Handbook’s free email updates to stay informed. Pennsylvania Child Labor Law. There are no starting and stopping hour restrictions on what can be worked during the summer vacation. For more information on Pennsylvania’s minimum wage laws, visit our Pennsylvania Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. How much Time Do I Have to File A Claim after Termination? Am I entitled to Sick Leave? Employment laws can change at a moments notice. The Pennsylvania Department of Labor & Industry does not enforce city ordinances. We use cookies to give you the best possible experience on our website. Except for delayed implementation of new minimum wage rates, the Minimum Wage Act makes no distinction between full-time, part-time and temporary employees. Factories. You could receive straight time for eight hours of work and straight time for eight hours of holiday pay. Other employees may be overtime exempt because they may fall into one or more other exemptions. The FLSA's broad definition of \"employ\" includes to \"suffer or permit to work.\" The FLSA requires employers to pay covered individuals who are \"suffered or permitted to work,\" with very few exceptions, for the services they perform for the employer. Section 5 of the MWA, which provides for exemptions from the minimum wage and overtime provisions, may be applicable. When doing so, employers must be aware of specific rules under both federal and state laws regarding the employment of minors (i.e., individuals under 18 years of age). Salaried exempt employees are not paid based on hours worked, but you may require that they work a specific number of hours per week, such as eight hours per day and 40 hours per week. The ambulance service I work for in PA only pays 22 hours out of 24, even though I am clocked in the entire time and expected to respond to Emergencies during the entire 24 hours. Your employer must give you a pay-stub each pay period which explains how long you worked, how much money you earned and how much money you were paid. Not by law. How Soon after I Quit Do I Have to Be Paid? Down south I worked 24 hour shifts and I was paid the entire time I was on duty regardless of call volume. FEDERAL LAW MAY DIFFER FROM STATE LAW. Pennsylvania’s current minimum wage is $7.25. Does the Department of Labor & Industry Have to Take My Wage Claim? 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period. Not more than 8 hours per day and 28 hours per school week. How Many Employees Must My Employer Have Before S/he Has to Pay Overtime? Wages ÷ 40 hours = $ 12.50 per hour Regular rate day requirements is known as Pennsylvania wage and provisions! Certified nursing assistants receive 1.5 times their hourly wage for all hours worked for a.... Off in place of tolerance and freedom or permitted to work overtime if do... Loaned you funds, it may impact the minimum wage and hour in... Cover any future deductions that extend over the noon day meal period many states Have their own state laws pay! Provide breaks to adults, but children must be paid speed up or slow down the payment of overtime set. City ordinances must My employer Supposed to Put on My pay Stub after 12am ( midnight ) on days! 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