Overtime rules in Pennsylvania
A salaried, non-exempt worker on $1,000 a week who works 50 hours in Pennsylvania is owed $1,375, not the $1,100 federal law allows under a fluctuating workweek. Pennsylvania follows the federal 40-hour rule for hourly pay, but it counts a salary as pay for 40 hours, so every hour past 40 costs time and a half.
| A $1,000 weekly salary | Overtime hours | Pennsylvania | Federal fluctuating workweek | Difference |
|---|---|---|---|---|
| 40 hours | 0 | $1,000.00 | $1,000.00 | No difference |
| 45 hours | 5 | $1,187.50 | $1,055.56 | +$131.94 |
| 50 hours | 10 | $1,375.00 | $1,100.00 | +$275.00 |
| 55 hours | 15 | $1,562.50 | $1,136.36 | +$426.14 |
| 60 hours | 20 | $1,750.00 | $1,166.67 | +$583.33 |
Salaried, but not exempt
Being paid a salary does not take away overtime. To be exempt you need executive, administrative or professional duties and at least $684.00 a week, the same floor as federal law. Below that, Pennsylvania divides your weekly salary by 40 to find the regular rate, $25.00 on $1,000, and owes $37.50 for each hour past 40. Under a fluctuating workweek, federal law lets an employer divide by all the hours worked instead and pay only half that rate on top. Pennsylvania does not allow it, which is the $275.00 gap in the 50-hour row.
Hourly pay, long days and comp time
For hourly workers the federal rule is the whole answer: time and a half after 40 hours in the workweek, and no daily overtime. Hospitals and some care facilities can agree with staff on the 8 and 80 system instead, overtime past 8 hours a day or 80 in 14 days. The state labor department says comp time in place of overtime pay is not legal, and working a holiday earns nothing extra unless your employer's policy says so. The minimum wage is $7.25; tipped workers can be paid $2.83 in cash only if they make at least $135 a month in tips.
Where to take unpaid overtime
File a minimum wage and overtime complaint with the Department of Labor and Industry. It asks that you file within two years of the work, and as soon as you can, since employers only have to keep records for three.
Working out your own pay
A week that mixes two rates or a bonus needs the blended rate calculator. The exempt salary threshold page checks whether a salary is high enough to be exempt at all, and overtime laws by state shows the six states that add anything to the hourly rule Pennsylvania follows.