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Pennsylvania Employment Law: Complete Guide to Worker Rights (2025)

Pennsylvania provides moderate to strong worker protections through both state and federal law. As the 5th most populous state with 13 million residents, Pennsylvania offers important state-level protections including the Pennsylvania Human Relations Act (anti-discrimination), state minimum wage, and specific employment regulations.

Whether you work in Philadelphia, Pittsburgh, or Pennsylvania’s smaller communities, understanding your employment rights under both state and federal law helps you recognize when violations occur and take appropriate action.

Pennsylvania Employment Law Overview

What Makes Pennsylvania Different

Pennsylvania offers stronger protections than employer-friendly states but less comprehensive coverage than California or New York:

Pennsylvania provides:

  • ✅ Pennsylvania Human Relations Act (PHRA) – State anti-discrimination law covering 4+ employees
  • ✅ State minimum wage ($7.25/hour, same as federal—no state advantage)
  • ✅ Whistleblower Law – Protection for reporting violations
  • ✅ Wage Payment and Collection Law – Strong wage protections
  • ✅ Pregnancy accommodation requirement – Under PHRA
  • ✅ Public policy exception to at-will employment (moderate)
  • ✅ Philadelphia Fair Chance Hiring – “Ban the box” in Philadelphia
  • ✅ Philadelphia Paid Sick Leave – City-level mandate

Pennsylvania does NOT have:

  • ❌ State paid family leave (no equivalent to California PFL or Colorado FAMLI)
  • ❌ Statewide paid sick leave mandate (only Philadelphia has local ordinance)
  • ❌ State minimum wage above federal (PA minimum = federal $7.25)
  • ❌ Meal or rest break requirements (for adults)
  • ❌ Ban on tip credits (employers can pay tipped workers $2.83/hour + tips)
  • ❌ Statewide “ban the box” (only Philadelphia)

At-Will Employment in Pennsylvania

Pennsylvania is an at-will employment state, meaning:

  • Employers can fire you for any lawful reason or no reason
  • You can quit at any time without notice
  • No advance notice required for termination (unless contract specifies)

Exceptions to at-will:

  • Illegal discrimination (PHRA, federal law)
  • Retaliation for protected activities
  • Public policy violations (moderate scope)
  • Breach of employment contract
  • Specific statutory protections (whistleblowing, jury duty, military service)

Pennsylvania’s public policy exception: Pennsylvania courts recognize wrongful termination claims for violations of clear public policy, more readily than Georgia or Texas but less broadly than California.

Key Pennsylvania Employment Topics

Wrongful Termination in Pennsylvania

Pennsylvania recognizes wrongful termination when firing violates specific laws or public policy:

Primary protections:

  • Pennsylvania Human Relations Act violations (discrimination at employers with 4+ employees)
  • Retaliation for protected activities (PHRA complaints, whistleblowing, wage claims)
  • Public policy violations (refusing illegal acts, exercising statutory rights)
  • Breach of contract (if you have written employment agreement)

Public policy protection: Pennsylvania courts recognize termination as wrongful if it:

  • Violates clear mandate of public policy in statute or regulation
  • Employee refused to commit illegal act
  • Employee exercised statutory right (jury duty, voting, workers’ comp)

Learn more: Pennsylvania Wrongful Termination Laws

Workplace Discrimination in Pennsylvania

The Pennsylvania Human Relations Act (PHRA) provides state anti-discrimination protections:

Protected characteristics:

  • Race, color, religion, ancestry, national origin
  • Sex (including pregnancy, sexual orientation, gender identity per case law)
  • Age (40+)
  • Disability (physical and mental)
  • Familial status (housing discrimination provision)
  • Use of guide or support animal (disability-related)

Covered employers: 4 or more employees

Key advantage: PHRA applies to employers with 4+ employees (compared to federal Title VII’s 15+ requirement), filling gap for small employers.

Filing agency: Pennsylvania Human Relations Commission (PHRC)

Also protected by federal law: Title VII, ADA, ADEA (15-20+ employee thresholds)

Learn more: Pennsylvania Workplace Discrimination Laws

Pennsylvania Wage and Hour Laws

Pennsylvania provides several wage protections:

Minimum Wage

Pennsylvania minimum wage: $7.25/hour (same as federal—no state advantage)

Tipped minimum wage: $2.83/hour cash wage (if tips bring total to $7.25)

  • Pennsylvania allows federal tip credit (unlike states like California or Illinois that ban tip credits)

No annual adjustment: Pennsylvania minimum wage does not automatically increase with inflation (unlike Ohio’s indexed minimum wage)

Overtime

Pennsylvania Minimum Wage Act: Requires overtime pay

  • 1.5× regular rate for hours over 40 per week
  • Follows federal FLSA standards generally

Meal and Rest Breaks

Pennsylvania requires breaks for minors only:

  • Employees under 18: 30-minute meal break after 5 consecutive hours
  • Adults (18+): No required meal or rest breaks

If employer provides breaks: Breaks under 20 minutes must be paid

Learn more: Pennsylvania Minimum Wage Laws

Sexual Harassment Laws

Pennsylvania prohibits sexual harassment under state and federal law:

Pennsylvania Human Relations Act prohibits:

  • Quid pro quo harassment (job benefits conditioned on sexual favors)
  • Hostile work environment
  • Applies to employers with 4+ employees

Federal Title VII: Also prohibits sexual harassment (15+ employees)

Filing: Pennsylvania Human Relations Commission (PHRC) or EEOC

Damage advantage: PHRA allows unlimited compensatory and punitive damages (unlike federal Title VII’s caps)

Learn more: Pennsylvania Sexual Harassment Laws

Family and Medical Leave

Pennsylvania has limited state leave protections, relying primarily on federal FMLA:

Federal FMLA

  • Applies to employers with 50+ employees at worksite
  • Up to 12 weeks unpaid leave for qualifying medical and family reasons
  • Must have worked 12 months and 1,250 hours to qualify

Pennsylvania Pregnancy Accommodation

  • Reasonable accommodation required for pregnancy-related conditions under PHRA
  • Applies to employers with 4+ employees
  • May include modified duties, leave, or schedule changes

Military Leave

  • Pennsylvania Military Leave Law provides protections beyond federal USERRA
  • Job protection for National Guard and reserve service

What Pennsylvania lacks: No state paid family leave program (unlike California PFL, New York PFL, Colorado FAMLI, Oregon Paid Leave)

Philadelphia Paid Sick Leave: City-level mandate (40 hours/year accrual)

Learn more: Pennsylvania Leave Laws

Workplace Retaliation

Pennsylvania protects employees from retaliation:

Pennsylvania Whistleblower Law (43 P.S. § 1421):

  • Protects employees who report violations of law or regulation to employer or public body
  • Protects employees who refuse to participate in illegal activity
  • Cannot be fired for reporting employer’s wrongdoing

PHRA retaliation:

  • Protects employees who file discrimination complaints or participate in investigations

Federal retaliation protections:

  • Title VII, FMLA, FLSA, OSHA, NLRA

Workers’ compensation retaliation: Pennsylvania statutory protection

Learn more: Pennsylvania Workplace Retaliation Laws

Employment Contracts

Pennsylvania recognizes employment contracts but presumes at-will employment:

Common agreements:

  • Non-compete agreements – Enforceable if reasonable (Pennsylvania courts scrutinize heavily)
  • Non-disclosure agreements (NDAs) – Generally enforceable
  • Severance agreements – Can waive claims with proper consideration
  • Arbitration agreements – Generally enforceable

Pennsylvania non-compete law: Courts enforce only if reasonably limited in scope, duration, and geography to protect legitimate business interest

Learn more: Pennsylvania Employment Contracts

Philadelphia-Specific Employment Laws

Philadelphia has enacted several employment laws beyond state requirements:

Philadelphia Paid Sick Leave

Ordinance requires employers to provide paid sick leave:

Accrual: 1 hour per 40 hours worked

Cap: Up to 40 hours per year

Covered employers: All employers (10+ employees must provide paid leave; under 10 can provide unpaid)

Uses:

  • Own illness or medical care
  • Care for family member
  • Domestic violence, sexual assault, or stalking services

Learn more: Philadelphia Paid Sick Leave

Philadelphia Fair Chance Hiring Act

“Ban the box” ordinance restricts criminal history inquiries:

Prohibits:

  • Asking about criminal history on job application
  • Conducting criminal background check before first interview
  • Considering arrest records that didn’t result in conviction

Applies to: Philadelphia employers with 1+ employees

Note: Pennsylvania has no statewide “ban the box” law—only Philadelphia.

Philadelphia Wage Equity Ordinance

Prohibits salary history questions:

  • Employers cannot ask applicants about wage history
  • Cannot rely on wage history in determining salary

Applies to: Philadelphia employers

Filing Complaints and Claims in Pennsylvania

Pennsylvania Human Relations Commission (PHRC)

For discrimination and harassment claims:

  • File within: 300 days of discriminatory act
  • Harrisburg: 717-787-4410
  • Philadelphia: 215-560-2496
  • Pittsburgh: 412-565-5395
  • Website: phrc.pa.gov

Process:

  1. File complaint with PHRC (or EEOC—work-sharing agreement)
  2. PHRC investigates
  3. If no resolution, request right-to-sue letter
  4. File lawsuit in Pennsylvania state court within 2 years

Pennsylvania Department of Labor & Industry

For wage and hour violations:

  • Phone: 717-787-5279 (Harrisburg), 215-560-1858 (Philadelphia), 412-565-5300 (Pittsburgh)
  • Website: dli.pa.gov

Handles:

  • Unpaid minimum wage or overtime
  • Final paycheck issues
  • Prevailing wage violations (public works)

EEOC (Federal Discrimination Claims)

Philadelphia EEOC Office:

  • Address: The Bourse Building, 21 S. 5th Street, Suite 400, Philadelphia, PA 19106
  • Phone: 1-800-669-4000 or 215-440-2600

Pittsburgh EEOC Office:

  • Address: William S. Moorhead Federal Building, 1000 Liberty Avenue, Suite 1112, Pittsburgh, PA 15222
  • Phone: 1-800-669-4000 or 412-644-3444

File within: 300 days of discrimination

U.S. Department of Labor (Federal Wage/Leave Claims)

For FMLA violations and federal wage issues:

  • Phone: 1-866-487-9243
  • Philadelphia: 215-861-5800
  • Pittsburgh: 412-395-4996

Statute of Limitations in Pennsylvania

Act quickly – strict deadlines apply:

Claim Type Deadline Notes
PHRC complaint 300 days From discriminatory act
EEOC charge 300 days Pennsylvania is deferral state
PHRC lawsuit 2 years After filing complaint or receiving right-to-sue
Wage claims 3 years Pennsylvania Wage Payment and Collection Law
Breach of written contract 4 years From breach date
Wrongful termination 2 years Personal injury statute
FMLA violations 2-3 years 3 years if willful
Whistleblower retaliation 180 days File with PA Dept of Labor & Industry

Missing these deadlines usually destroys your claim.

Common Employment Law Questions in Pennsylvania

Can I be fired for no reason in Pennsylvania?

Yes. Pennsylvania is at-will, so employers can fire you without reason as long as the real reason isn’t illegal (discrimination, retaliation, public policy violation, etc.).

Does Pennsylvania require severance pay?

No. Pennsylvania doesn’t require severance unless:

  • You have a written contract requiring it
  • Company policy promises it
  • Part of mass layoff settlement (WARN Act may apply)

Are non-compete agreements enforceable in Pennsylvania?

Sometimes. Pennsylvania courts enforce non-competes only if:

  • Reasonably limited in scope, duration, and geography
  • Protects legitimate business interest (trade secrets, customer relationships)
  • Doesn’t impose undue hardship on employee
  • Supported by adequate consideration

Pennsylvania courts scrutinize non-competes more strictly than some states and will blue-pencil (modify) overbroad restrictions.

When must I receive my final paycheck in Pennsylvania?

Next regular payday. Pennsylvania Wage Payment and Collection Law requires final wages be paid by the next regular payday.

Example: You quit on March 10. Your employer pays biweekly, with next payday March 20. Employer must pay your final wages by March 20.

Can my employer deny me breaks?

Yes (for adults). Pennsylvania doesn’t require meal or rest breaks for employees 18+.

Minors under 18: Must receive 30-minute meal break after 5 consecutive hours.

Am I entitled to paid sick leave in Pennsylvania?

Depends on location:

  • Philadelphia: Yes (1 hour per 40 worked, up to 40 hours/year if employer has 10+ employees)
  • Rest of Pennsylvania: No statewide requirement (unless employer policy provides it)

Does Pennsylvania’s discrimination law cover small employers?

Partially. Pennsylvania Human Relations Act covers employers with 4+ employees. This is better than:

  • Georgia/Texas (no state law)
  • Federal law (15+ for Title VII/ADA, 20+ for ADEA)

But worse than:

  • Illinois (1+ employees under IHRA)

Gap: If your employer has fewer than 4 employees, you have no state discrimination protection (would need federal law if employer has 15+).

Resources for Pennsylvania Workers

State Agencies

Pennsylvania Human Relations Commission (PHRC):

  • Discrimination and harassment
  • Website: phrc.pa.gov
  • Harrisburg: 717-787-4410
  • Philadelphia: 215-560-2496
  • Pittsburgh: 412-565-5395

Pennsylvania Department of Labor & Industry:

  • Wage and hour violations
  • Harrisburg: 717-787-5279
  • Philadelphia: 215-560-1858
  • Pittsburgh: 412-565-5300
  • Website: dli.pa.gov

Bureau of Workers’ Compensation:

Federal Agencies

EEOC – Philadelphia District Office:

  • Address: 21 S. 5th Street, Suite 400, Philadelphia, PA 19106
  • Phone: 1-800-669-4000 or 215-440-2600
  • Website: eeoc.gov

EEOC – Pittsburgh Area Office:

  • Address: 1000 Liberty Avenue, Suite 1112, Pittsburgh, PA 15222
  • Phone: 1-800-669-4000 or 412-644-3444

U.S. Department of Labor – Philadelphia/Pittsburgh:

Free Legal Assistance

Community Legal Services of Philadelphia:

  • Phone: 215-981-3700
  • Website: clsphila.org
  • Free legal help for low-income Philadelphia workers

Neighborhood Legal Services Association (Pittsburgh):

  • Phone: 412-255-6700 or 1-866-761-6572
  • Website: nlsa.us
  • Free legal services in Allegheny and surrounding counties

Pennsylvania Legal Aid Network:

  • Phone: 1-800-322-7572
  • Website: palegalaid.net
  • Referrals to legal aid programs statewide

Pennsylvania Bar Association Lawyer Referral Service:

  • Phone: 1-800-692-7375
  • Website: pabar.org
  • Find an employment attorney

Explore Pennsylvania Employment Law Topics

By Topic

By Worker Type

  • Small employer workers (4-14 employees—state PHRA protection, limited federal)
  • Tipped workers ($2.83/hour cash wage + tips to reach $7.25)
  • Philadelphia workers (paid sick leave, “ban the box,” salary history ban)
  • Government employees (additional civil service protections)

By Situation

  • Fired without reason
  • Discriminated against
  • Sexually harassed
  • Unpaid wages or overtime
  • Denied FMLA leave
  • Retaliated against for whistleblowing

Comparison: Pennsylvania vs. Other States

Pennsylvania vs. Worker-Friendly States

California advantages (Pennsylvania lacks):

  • Higher minimum wage ($16 vs PA’s $7.25)
  • Ban on tip credits (tipped workers get full $16)
  • Mandatory meal and rest breaks
  • Paid family leave program
  • Broader discrimination coverage (5+ employees vs PA’s 4+)

Illinois advantages (Pennsylvania lacks):

  • Broader discrimination coverage (1+ employees vs PA’s 4+)
  • Higher minimum wage ($15 vs PA’s $7.25)
  • Ban on tip credits
  • VESSA leave for domestic violence victims
  • Mandatory sexual harassment training

Pennsylvania vs. Employer-Friendly States

Pennsylvania advantages over Georgia/Texas:

  • ✅ State anti-discrimination law (4+ employees) vs none
  • ✅ Whistleblower protection statute
  • ✅ Pregnancy accommodation requirement
  • ✅ Philadelphia paid sick leave (city-level)
  • ✅ Philadelphia “ban the box”

But: Pennsylvania minimum wage ($7.25) same as Georgia/Texas (no state advantage)

Pennsylvania vs. Similar States (Ohio)

Feature Pennsylvania Ohio
State discrimination law PHRA (4+ employees) OCRA (4+ employees)
Minimum wage $7.25 (federal) $10.45 (indexed) ✅
Damage caps No caps under PHRA ✅ No caps under OCRA ✅
Whistleblower law Yes ✅ Yes ✅
Paid sick leave Philadelphia only None statewide

Verdict: Pennsylvania and Ohio provide similar moderate protections, though Ohio has higher minimum wage.

Get Help with Your Pennsylvania Employment Law Issue

Have questions about your rights under Pennsylvania employment law? Unsure if your employer violated state or federal protections? Get a free consultation from an employment law expert who understands Pennsylvania-specific worker protections.

Pennsylvania provides moderate worker protections through the Pennsylvania Human Relations Act (4+ employees, no damage caps), whistleblower law, and wage protections. Philadelphia residents have additional protections including paid sick leave and “ban the box.” Understanding which laws apply and filing deadlines (300 days for PHRC complaints) is critical to protecting your rights.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Pennsylvania employment laws change frequently, and this guide may not reflect the most current legal developments. For advice specific to your situation, please consult with a licensed employment attorney in Pennsylvania. Employment Law Aid is not a law firm and does not provide legal representation.