(650) 332-8623Pennsylvania Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Let’s take a deep dive into Pennsylvania’s labor laws, with details on all the important aspects of the state’s regulations on your employees.
What’s New in 2025?
Pennsylvania Meals and Breaks
30 MinutesFor Lunch Breaks
- Required for any employee working more than five hours in a single day, including minors aged 14 through 17.
- If employees are relieved of all duties, this break is unpaid; however, if any work is performed, it must be paid.
10 MinutesFor Rest Breaks
- Required for every four hours worked.
- Short breaks (typically 5 to 20 minutes) must be compensated and count towards total hours worked.
Pennsylvania Leave and Paid Time Off (PTO)
Pennsylvania follows the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave for specific family and medical reasons without risking job loss. This federal mandate ensures job protection for employees who meet the eligibility criteria.
Pennsylvania does not mandate employee leave, including paid vacation or sick leave, for adult employees.
However, employers should be aware of specific local laws, particularly in regions like Philadelphia, Pittsburgh, and Allegheny County, which have their own employee leave regulation.
There are no state mandates for paid vacation leave in Pennsylvania. Employers are free to establish their own policies regarding vacation time.
Pennsylvania does not require employers to provide bereavement leave. Policies regarding bereavement leave are left to the discretion of individual employers.
There are no state laws mandating holiday leave in Pennsylvania. Employers can choose whether or not to provide paid time off for holidays.
Pennsylvania requires employers to provide unpaid leave for employees fulfilling jury duty. However, private employers are not obligated to pay employees for time off due to jury duty or court appearances.
There are no specific state laws in Pennsylvania requiring employers to provide leave for voting. Employees are encouraged to make arrangements to vote outside of work hours.
While there is no statewide mandate for such leave in Pennsylvania, Philadelphia has laws that allow employees who are victims of domestic violence or sexual assault to take leave related to these issues.
There are no state laws mandating emergency response leave in Pennsylvania. Employers may choose to establish their own policies in this area.
The Pennsylvania Living Donor Protection Act mandates that employers provide leave for organ or tissue donors, covering both preparation and recovery time for donation surgery. This applies to employees of FMLA-covered employers.
There are no state requirements for school leave in Pennsylvania. Employers are not mandated to provide leave for employees to attend school-related activities.
Pennsylvania ensures unpaid military leave for eligible employees, providing job protection for National Guard and Reserve servicemembers during their service. Employers must comply with both state and federal military leave laws.
Pennsylvania Wages and Overtime
$7.25 /hourMinimum Wage
Pennsylvania’s minimum wage is $7.25 per hour, which aligns with the federal minimum wage. Additionally, a new minimum salary requirement of $1,128 per week for FLSA overtime exemptions will take effect on January 1, 2025.
No cities or counties in Pennsylvania have established a local minimum wage that exceeds the state rate.
$2.83 /hourTipped Minimum Wage
The tipped minimum wage in Pennsylvania is $2.83 per hour. Employees qualify as tipped if they spend no more than 20% of their workweek on non-tipped duties, such as folding napkins or refilling salt shakers.
Semi-MonthlyPay Frequency
Employers in Pennsylvania are generally required to pay employees at least semi-monthly unless otherwise specified in a contract.
The first payment must occur between the 1st and 15th of each month, with the second payment between the 15th and the last day of the month.
1.5x hourlyOvertime Rate
Overtime pay in Pennsylvania conforms with the Fair Labor Standards Act (FLSA), entitling eligible employees to 1.5 times their regular pay rate for all hours worked over 40 in a workweek.
Even exempt employees earning less than $684 per week are eligible for overtime pay.
The minimum wage of $7.25 per hour applies statewide, and there are currently no local jurisdictions in Pennsylvania with higher minimum wage rates.
Full-time college or high-school students who work part-time can receive 85% of the minimum wage in Pennsylvania. However, this only applies to some employers, like work-study programs at colleges or universities.
There are several exemptions to the minimum wage law in Pennsylvania. Certain categories of workers can to be paid less than the standard minimum wage of $7.25 per hour including:
- Tipped Employees: Can be paid a lower cash wage of $2.83 per hour, provided their total earnings (including tips) reach at least the minimum wage of $7.25 per hour.
- Agricultural Workers: Employees in agricultural settings may be exempt from state and federal minimum wage laws, including those involved in crop cultivation and farm machinery operation.
- Domestic Workers: Individuals working in domestic roles, such as babysitters or housekeepers, are also exempt from minimum wage requirements.
- Newspaper Carriers: Minors under 18 who deliver newspapers are exempt from minimum wage laws.
- Hardship Waivers: Employers experiencing financial difficulty may apply for a waiver from the Pennsylvania Department of Labor and Industry to pay below the minimum wage.
Trainees, apprentices, and students are also exempt from the minimum wage rate in Pennsylvania.
- Learners and Apprentices: Learners in training can be paid at least $4.25 per hour, typically limited to a specific training period (around 60 days). Apprentices in formal programs must earn at least $12.00 per hour, which is accurate but should be noted that this applies only to registered apprenticeship programs.
- Full-Time Students: High school and college students working 20 hours or fewer per week may earn 85% of the minimum wage (approximately $6.16). However, specific details about this exemption may vary depending on the employer’s policies and the nature of the work.
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PA Prevailing Wages
$15.00 – $20.00Lowest Pay Rate Job Title (unskilled labor positions)
The lowest prevailing wage rates in Pennsylvania typically apply to unskilled labor roles, ranging from approximately $15 to $20 per hour. These rates can vary based on specific job classifications and localities.
The total hourly prevailing wage rate may vary based on employer offerings and potential benefits.
$51.40Highest Pay Rate (Electric Lineman)
The highest prevailing wage rates, particularly for skilled trades like Electric Linemen, can reach up to $51.40 per hour, with total compensation including benefits amounting to $81.02 per hour.
The total hourly prevailing wage rate may vary based on employer offerings and potential benefits.
In Pennsylvania, prevailing wage rates vary significantly depending on the type of work and locality. The Pennsylvania Department of Labor and Industry sets these rates, which apply to public works projects funded by state or local governments. The rates encompass a range of positions, ensuring that workers on projects worth over $25,000 receive compensation reflective of local standards in the construction industry.
For precise rates applicable to specific projects, contractors should refer to the prevailing wage determinations issued by the Department of Labor and Industry, accessible through their online application tool.
Pennsylvania Prevailing Wage Resources
- Pennsylvania Department of Labor & Industry – Prevailing Wage
- Pennsylvania Department of Labor and Industry’s Rate Search Tool
PA Child Labor Laws
< 18 Years
Employment Certificate Requirement
Minors under 18 in Pennsylvania must obtain an Employment Certificate, commonly known as a Work Permit, before they can be employed. These certificates are typically acquired through their school by contacting a guidance counselor or school administrator, verifying the minor’s eligibility to work according to state criteria.
Other Essential Pennsylvania Labor Laws
Health and Safety Standards in Pennsylvania
In Pennsylvania, employers must…
- Adhere to the General Safety Law (No. 174, P.L. 654) to protect the health, safety, and welfare of employees in various settings.
- Ensure the safe operation of machinery and the removal of harmful manufacturing byproducts.
- Maintain safe construction and maintenance practices in the workplace.
In Pennsylvania, employees should…
- Be aware of their rights under the General Safety Law to a safe working environment.
- Report any unsafe working conditions or violations they observe.
- Participate in safety training and follow safety protocols established by their employers.
Report health and safety violations (unsafe working conditions) in Pennsylvania to…
- Employees: Pennsylvania Department of Labor & Industry Complaint Form
- Employers: OSHA Reporting Guidelines
Hiring and/or Firing Employees in Pennsylvania
Hiring practices in Pennsylvania are governed by some of the more stringent state labor laws, controlling recruitment, hiring, and onboarding.
Employee termination and resignation in Pennsylvania is subject to specific legal requirements and notice obligations, including considerations for notice periods, severance pay, and the state’s at-will employment doctrine.
Pennsylvania is an at-will employment state, meaning employers can terminate employees for any reason (or no reason) and without notice. Similarly, employees may resign at any time for any reason without notice. However, exceptions exist under various state and federal laws.
While at-will employment is the general rule, employees are protected from termination for reasons related to discrimination or public policy violations, such as refusing illegal acts or reporting illegal activities.
Pennsylvania is not a “right-to-work” state. Employees covered by collective bargaining agreements are typically required to pay union dues or fees, even if they choose not to join the union.
Employers must comply with applicable laws when conducting background checks, including obtaining written consent from candidates. While drug testing is allowed, it must be job-related and consistent with business necessity.
Pennsylvania is committed to providing equal employment opportunities for all individuals, regardless of protected categories such as age, disability, gender identity, race, religion, and sexual orientation. Employers are required to prevent and address workplace discrimination and integrate EEO principles into their human resource management practices.
Anti-Discrimination Laws in PA
Pennsylvania’s discrimination laws are primarily governed by the Pennsylvania Human Relations Act (PHRA), which aims to create a fair and equitable workplace by prohibiting discriminatory practices. The PHRA applies to employers and covers a wide range of protected categories, ensuring that individuals are evaluated based on their qualifications rather than personal characteristics.
Employers in Pennsylvania may not discriminate against job applicants based on…
- Race
- Color
- Religion
- Ancestry
- Age
- Sex
- National origin
- Non-job related handicap or disability
- Other protected categories as outlined in the PHRA
Employee Resignation or Termination in PA
Pennsylvania has been an at-will employment state since 1891, meaning employers can terminate employees at any time for any reason—or for no reason at all. Similarly, employees can resign at any time and for any reason, often without notice. However, this at-will doctrine is not absolute and is subject to various exceptions and legal constraints designed to protect employee rights.
Several state and federal statutes prevent termination for specific reasons, including the Americans with Disabilities Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Pennsylvania Human Relations Act, and the Family and Medical Leave Act.
Additionally, employees may file wrongful discharge claims under public policy if they can demonstrate a violation, such as being fired for refusing to perform an illegal act, reporting illegal activity, or retaliation for filing an unemployment compensation claim. Even when public policy is at stake, an employer may still terminate an employee if a legitimate reason exists.
Unemployment Benefits in PA
Workers in Pennsylvania are eligible for unemployment benefits if they have lost their jobs through no fault of their own.
To qualify, applicants must meet specific criteria, including having earned sufficient wages and credit weeks in employment covered by Pennsylvania’s Unemployment Compensation (UC) Law. It’s important to note that not all forms of labor are covered; for instance, agricultural labor and domestic services in private homes are exempt.
Additionally, employers contribute to the UC system through quarterly tax payments and must accurately report employee wages. Failure to comply with these regulations can result in severe penalties, including fines for underreporting or aiding in fraudulent claims.
If a claimant misrepresents facts to obtain benefits, they must repay any overpaid amount plus interest, and may face legal consequences, including fines or imprisonment.
Use this website to start your application for unemployment benefits in Pennsylvania: Pennsylvania Unemployment Compensation.
COBRA Benefits in PA
Separated employees in Pennsylvania may extend employer-provided health care coverage through COBRA, which stipulates…
- Eligibility: COBRA applies to employers with 20 or more employees, allowing eligible employees and their dependents to continue health insurance coverage for up to 18 months after termination or a reduction in hours. In contrast, Mini-COBRA is available for employers with 2 to 19 employees, providing coverage for up to 9 months under similar circumstances.
- Qualifying Events: Coverage can be continued due to various qualifying events, including termination of employment (except for gross misconduct), reduction in hours, divorce or legal separation, death of the covered employee, or when a child ceases to be a dependent.
- Premiums and Costs: Employees opting for COBRA must pay the full premium for their health insurance coverage, which can range from approximately $400 to $700 per month, plus a 2% administrative fee. For Mini-COBRA, premiums are similarly structured but apply to smaller employers.
- Continuation of Care: Choosing COBRA allows individuals to maintain their existing health plan and providers, which is particularly beneficial for those with pre-existing conditions who may find it challenging to secure new coverage that meets their health needs.
- Notification Requirements: Employers are required to notify employees of their rights under COBRA and Mini-COBRA within specific timeframes following a qualifying event. Employees have 60 days from receiving this notice to elect continuation coverage.
Final Paychecks in PA
Separated employees in Pennsylvania must receive their final paychecks in accordance with state law, which outlines specific requirements for timely payment:
- Timing of Payment: Employers are required to issue the final paycheck no later than the next regular payday following the employee’s separation from the company. This applies regardless of whether the separation was voluntary or involuntary.
- Voluntary vs. Involuntary Separation: For employees who voluntarily resign, their final paycheck must be provided on the next scheduled payday or within 15 days, whichever is sooner. In cases of termination or layoffs, the final paycheck must be issued on the next regular payday or according to the employer’s established payment schedule.
- Authorized Deductions: Employers may only make authorized deductions from an employee’s final paycheck, which includes legally mandated deductions such as taxes and Social Security. Any other deductions require written consent from the employee.
- Unused Vacation and Paid Time Off (PTO): Pennsylvania law does not mandate compensation for unused vacation or PTO upon separation. Employers should have clear policies regarding these benefits to avoid misunderstandings.
- Mailing Final Paychecks: If an employee requests that their final paycheck be mailed, employers are obligated to comply with this request, ensuring that employees receive their wages without unnecessary delay.
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Pennsylvania Recordkeeping Requirements
Employers in Pennsylvania are required to maintain various employment and payroll records for specified periods. Here are Pennsylvania’s key recordkeeping requirements, broken out by the required retention duration for each record type.
1 Year
Employers must retain these documents for at least one year:
- All employment records, including those related to hiring, promotion, demotion, and termination.
- Employee benefits data (retain for a minimum of one year after plan termination).
2 Years
Employers must retain these documents for at least two years:
- Basic employment and earnings records, such as timecards and wage rate tables.
- Documentation showing why employees of different genders may receive different wages.
3 Years
Employers must retain these documents for at least three years:
- Payroll records, including copies of each employee’s I-9 form along with wages and hours records. d
- Certificates, notices, collective bargaining agreements, and employment contracts.
- Sales and purchase agreements.
4 Years
Employers must retain these documents for at least four years:
- Employment and payroll records related to unemployment compensation applications.
- Daily attendance records.
Penalties for Labor Law Noncompliance in PA Wages
$75 – $300Wage Violations
Employers who pay less than the minimum wage may face fines ranging from $75 to $300 or imprisonment for 10 to 60 days, with each week of underpayment and each underpaid employee considered separate offenses.
Up to $1,000FLSA Overtime Violations
Violations of overtime pay laws can incur civil penalties of up to $1,000 per violation. Willful violations can lead to criminal prosecution, with fines up to $10,000 and possible imprisonment on a second conviction.
Up to $1,500Child Labor Act Violations
Violating the Child Labor Act can result in fines up to $400 for a first offense and between $750 and $1,500 for a second offense. Severe violations involving danger to minors can lead to higher penalties and potential jail terms.
Up to $2,500Misclassification Violations
Employers who misclassify workers under the Construction Workplace Misclassification Act (Act 72) face criminal and administrative penalties, with fines up to $1,000 for negligent misclassification and up to $2,500 for subsequent violations.
In Pennsylvania, labor law violations are investigated and addressed by…
- The Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance.
In severe or repeated cases, the Department has the authority to take legal action, including seeking a court order to close the business until the violations are resolved.
Further Details on Other Pennsylvania Labor Laws
Noncompete Agreements
- New Limitations: Pennsylvania will implement new regulations on noncompete agreements effective January 1, 2025, particularly targeting healthcare practitioners to restrict their use and enforceability.
- Federal Context: Despite a federal court ruling against a nationwide ban proposed by the FTC, Pennsylvania’s legislation will enforce specific limitations on noncompete agreements, reinforcing state-level protections.
Minimum Wage Hike
- Immediate Impact: The new minimum salary requirement of $844 per week for FLSA overtime exemptions is now effective for all employers except in Texas, with a planned increase to $1,128 per week set for January 1, 2025.
- Context: This change reflects ongoing efforts to adjust wage standards and overtime eligibility, although it currently does not affect private employers in Pennsylvania.
Looking for other state-specific labor and overtime laws? Check out these guides:
In Pennsylvania, the minimum wage is set at $7.25 per hour, which aligns with the federal minimum wage.
For employees eligible for overtime, Pennsylvania adheres to the Fair Labor Standards Act (FLSA), which mandates overtime pay at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
Starting January 1, 2025, a new minimum salary requirement of $1,128 per week will apply for FLSA overtime exemptions.
Yes, Pennsylvania labor laws require specific breaks for employees. A 30-minute unpaid lunch break is mandatory for any employee working more than five hours in a single day, provided they are relieved of all duties.
Additionally, employees are entitled to a paid rest break of 10 minutes for every four hours worked. Short breaks (typically lasting between 5 to 20 minutes) must be compensated and count towards total hours worked.
Pennsylvania does not have statewide mandates for most types of leave, including paid sick leave, vacation days, or holiday leave. However, specific local laws in cities like Philadelphia and Pittsburgh may impose their own regulations.
Employees are entitled to unpaid leave for jury duty, and while there’s no state law for voting leave, employees are encouraged to vote outside of work hours.
Additionally, the state provides unpaid military leave for eligible employees and extends rights for organ and bone marrow donors under the Living Donor Protection Act.
In Pennsylvania, employers must provide a separated employee with their final paycheck by the next regular payday after separation.
For voluntary resignations, the paycheck must be provided by the next scheduled payday or within 15 days, whichever is sooner.
Employers are only allowed to make authorized deductions from the final paycheck, and there is no state mandate to compensate for unused vacation or paid time off upon separation.
Minors under 18 in Pennsylvania are required to obtain an Employment Certificate (or Work Permit) before they can be employed. These permits can typically be obtained through their school by contacting a guidance counselor or school administrator.
The laws also regulate the hours and types of work that minors can perform to ensure their safety and well-being in the workplace.