Pennsylvania Overtime Laws: Your Right to Time-and-a-Half Pay

Quick Answer: Pennsylvania's Minimum Wage Act requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, similar to federal FLSA. Pennsylvania follows federal exemption standards. File complaints with the PA Department of Labor & Industry or federal DOL. The statute of limitations is 3 years under state law.

Working over 40 hours? You likely deserve overtime.

Pennsylvania Overtime Basics

The Rule

Overtime requirement:

• 1.5× regular rate of pay
• For hours over 40 per workweek
• PA Minimum Wage Act
• Parallels federal FLSA

What PA Doesn't Require

Like federal law:

• No daily overtime
• No 7th day overtime
• Based on workweek only

Workweek Definition

A workweek is:

• 7 consecutive 24-hour periods
• 168 consecutive hours
• Set by employer
• Must be consistent

Who's Entitled to Overtime

Non-Exempt Employees

Most workers:

• Paid hourly
• Not meeting exemption tests
• Entitled after 40 hours

Coverage

PA Minimum Wage Act covers:

• Most private sector employees
• Similar to federal FLSA
• Some additional state provisions

Exempt Employees

Salary Basis Test

To be exempt:

• Paid on salary basis
• Earn at least $684/week ($35,568/year)
• Meet duties test
• PA follows federal standards

Executive Exemption

Duties include:

• Managing enterprise or department
• Directing work of 2+ employees
• Authority over hiring/firing

Administrative Exemption

Duties include:

• Office or non-manual work
• Related to management/operations
• Exercise discretion and judgment

Professional Exemption

Duties include:

• Advanced knowledge required
• Field of science or learning
• Specialized education

Other Exemptions

May be exempt:

• Outside sales
• Certain computer professionals
• Highly compensated employees
• Some agricultural workers

Calculating Overtime

Regular Rate

Includes:

• Hourly wage
• Non-discretionary bonuses
• Commissions
• Shift differentials

Basic Calculation

Formula: Regular rate × 1.5 = overtime rate

Example: $16/hour × 1.5 = $24/hour overtime

With Bonus

Include bonuses:

1. Calculate straight-time earnings
2. Add bonus
3. Divide by total hours = regular rate
4. Calculate overtime premium

Common Overtime Violations

Misclassification

Exempt when shouldn't be:

• Salaried but no exempt duties
• Wrong exemption category
• "Manager" without management duties

Off-the-Clock Work

Unpaid work:

• Pre-shift setup
• Post-shift cleanup
• Work during breaks
• After-hours emails

Averaging Hours

Cannot average weeks:

• 35 hours week 1, 45 hours week 2
• Cannot average to 40
• Must pay OT for week 2

Comp Time

Private employers cannot:

• Give comp time instead of pay
• Bank overtime hours
• Must pay when earned

Filing an Overtime Claim

PA Department of Labor & Industry

For state claims:

• Bureau of Labor Law Compliance
• Phone: 717-787-4671
• Website: dli.pa.gov

Federal DOL

For FLSA claims:

• Wage and Hour Division
• Phone: 1-866-487-9243

Private Lawsuit

Court options:

• State or federal court
• Class action possible
• Attorney's fees available

Statute of Limitations

Time limits:

• PA state law: 3 years
• Federal FLSA: 2 years (3 if willful)
• Act promptly

Damages for Violations

PA Law Remedies

May recover:

• Unpaid overtime
• Liquidated damages (equal amount)
• Attorney's fees
• Court costs

Federal FLSA

Similar remedies:

• Back wages
• Liquidated damages
• Attorney's fees

Common Scenarios

Scenario 1: Salaried Non-Exempt

Situation: Paid $40,000 salary, work 50 hours weekly, told you're exempt, but duties are clerical.

Analysis: Clerical work isn't exempt. Entitled to overtime. Calculate back pay.

Scenario 2: Working Through Lunch

Situation: Required to work during lunch, not paid, pushes you over 40 hours.

Analysis: Working lunch is compensable. Overtime owed.

Scenario 3: Pre-Shift Work

Situation: Must arrive 20 minutes early for setup, unpaid.

Analysis: Required pre-shift work is compensable. May trigger overtime.

Scenario 4: Comp Time Offered

Situation: Employer offers comp time instead of overtime pay.

Analysis: Private employers must pay overtime, not comp time. Violation.

Special Situations

Multiple Jobs, Same Employer

Hours combined:

• All hours count toward 40
• Even different departments
• One employer = one calculation

Piece Rate Workers

Still entitled:

• Calculate regular rate from earnings
• Pay 1.5× for overtime hours
• Can't avoid by piece rate

Tipped Employees

Overtime still applies:

• Calculate regular rate including tips
• Pay 1.5× after 40 hours
• Tip credit rules apply

Building Your Case

Track Your Hours

Document:

• Start and end times
• Breaks taken
• All work performed
• Off-the-clock work

Preserve Evidence

Keep:

• Pay stubs
• Time records
• Emails showing work hours
• Schedules

Calculate What's Owed

Determine:

• Hours worked over 40 each week
• Your regular rate
• Overtime premium owed
• How many weeks affected

Frequently Asked Questions

When is overtime required in PA?

After 40 hours in a workweek. Pennsylvania follows federal FLSA—no daily overtime.

What is the overtime rate?

1.5 times your regular rate. If you earn $16/hour, overtime is $24/hour.

Can my employer require overtime?

Yes. Employers can mandate overtime. But must pay for it.

I'm salaried—am I exempt?

Not automatically. Must meet salary threshold AND duties test. Many salaried workers aren't exempt.

How far back can I claim?

3 years under PA law. 2-3 years under federal FLSA.

Can I be fired for reporting violations?

No. Retaliation for reporting wage violations is illegal.

Related Topics

• Pennsylvania Wages and Hours
• Pennsylvania Minimum Wage
• Pennsylvania Unpaid Wages
• Pennsylvania Employment Law Hub

Take Action

If you're not receiving proper overtime:

1. Track all hours worked
2. Document off-the-clock work
3. Calculate overtime owed
4. File with PA Labor & Industry
5. Consider federal DOL
6. Consult employment attorney

You've earned your overtime—get paid for it.

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Legal Disclaimer

This article provides general information about overtime laws in Pennsylvania and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Pennsylvania employment attorney.

For official information:

• PA Department of Labor & Industry: https://www.dli.pa.gov | 717-787-4671
• U.S. Department of Labor: https://www.dol.gov/agencies/whd | 1-866-487-9243