(650) 332-8623Pennsylvania Labor Laws: Wages, Breaks and Overtime (2026)
Pennsylvania labor laws explained: minimum wage, overtime, breaks, child labor, and more. A complete 2026 guide for construction employers.
What’s new in Pennsylvania labor laws for 2026?
PA labor laws on breaks: Pennsylvania meal and rest requirements
On PA labor laws breaks: nothing is mandated at the state level for adults. Pennsylvania labor law is clear on this — what exists is narrow and specific. For construction crews, this means break schedules are entirely at the contractor’s discretion. Pennsylvania labor law does not set the clock. (PA DLI Wage FAQs).
No state-mandated breaksAdult employees (18+)
No state-mandated breaks. If an employer offers a break under 20 minutes, it must be paid per federal FLSA rules.
30 minutesMinors aged 14–17
30-minute break required after 5 consecutive hours of work (43 Pa. Stat. § 40.3). Unpaid only if the minor is fully relieved of all duties.
30 minutesSeasonal farmworkers
30-minute break required after 5 hours of work under the Seasonal Farm Labor Act (43 P.S. § 1301.101 et seq.). Must be fully relieved of duties.
Reasonable break timeNursing mothers
Reasonable break time to express breast milk for up to one year after childbirth, per the federal PUMP Act. A private, non-bathroom space is required.
When voluntary breaks must be paid
If you offer a break voluntarily, federal law governs pay. Breaks of 20 minutes or less must be paid. Breaks of 30 minutes or more are unpaid, but only if the worker is completely relieved of all duties.
The most common crew payroll mistake: letting workers eat at the job site while staying on call. If they’re answering calls or watching equipment, that break is compensable.
No day-of-rest law
Pennsylvania has no law requiring a day off after consecutive workdays. A worker can legally work seven days straight. Federal overtime rules still apply: hours over 40 in a workweek are paid at 1.5x.
No break room requirement
Employers are not required to provide a break room. Nursing mothers are the exception — they need a private, non-bathroom space under the federal PUMP Act.
Pennsylvania wages and overtime
$7.25 /hourPA state minimum wage
The Pennsylvania minimum wage in 2026 is $7.25 per hour. It matches the federal floor. It has not changed since July 2009 — putting PA among the few states still at the federal baseline. For context on Pennsylvania minimum wage 2026 legislation: a House bill to raise it is pending, but not yet law. (PA DLI Wage FAQs).
The PA House passed HB 2189 (March 24, 2026, 104–95) to raise the wage in phases. The schedule: $11 in 2027, $13 in 2028, $15 in 2029, then inflation-indexed from 2030. The bill awaits a Senate vote. It has not become law. Until the Senate acts, $7.25/hr is the rate.
$2.83 /hourPennsylvania tipped minimum wage
Cash wage when tips bring total earnings to at least $7.25/hr. Workers qualify as tipped if non-tipped duties are no more than 20% of their workweek.
$4.25/hrLearners and apprentices
During a defined training period, typically up to 60 days. Registered apprentices in formal programs must earn at least $12.00/hr.
85% of min. wage (~$6.16/hr)Students
Full-time high school or college students working 20 hrs/week or fewer in eligible programs.
Minimum wage exemptions
Certain workers may be paid below the standard rate under PA state law:
- Tipped employees — $2.83/hr cash wage, provided tips bring total to $7.25/hr minimum.
- Agricultural workers — employees in crop cultivation, farm machinery operation, and similar roles.
- Domestic workers — babysitters, housekeepers, and similar domestic roles.
- Newspaper carriers — minors under 18 who deliver newspapers.
- Hardship waivers — employers facing financial difficulty may apply to the PA DLI to pay below minimum wage.
Pennsylvania overtime rules
Non-exempt employees, including most hourly crew members, earn 1.5x their regular rate for all hours worked over 40 in a workweek. This follows the federal FLSA. (PA DLI Overtime Rules).
Salaried employees under $684/week are eligible for overtime regardless of job title. That includes salaried foremen or supervisors who don’t meet the threshold. Pennsylvania divides weekly salary by 40 hours to find the regular rate — not total hours worked. This often produces a higher overtime rate than the federal default. (PA DLI Overtime Rules).
No tax on overtime — federal update (2025–2028)
The One Big Beautiful Bill Act (OBBBA) was signed July 4, 2025. It lets non-exempt workers deduct the premium portion of FLSA overtime pay from federal income taxes. That is the ‘half’ in time-and-a-half — not the base hourly rate. (IRS OBBBA Guidance).
| OBBBA overtime deduction — key facts | Rule |
| Deduction cap (single filer) | Up to $12,500 per year |
| Deduction cap (joint filers) | Up to $25,000 per year |
| Phase-out begins at (single) | $150,000 modified AGI |
| Phase-out begins at (joint) | $300,000 modified AGI |
| Effective for tax years | 2025 through 2028 |
| Applies to | Non-exempt FLSA employees only — exempt salaried workers do not qualify |
| PA state taxes | No change — federal income tax deduction only |
| Employer W-2 requirement | From 2026, employers must separately report qualified overtime wages on Form W-2 |
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Pay frequency
Pennsylvania requires employers to pay workers at least semi-monthly. For contractors running weekly payroll, that already meets the requirement. First payment: between the 1st and 15th. Second: between the 15th and last day of the month. Employment contracts may specify a different schedule. (PA DLI Wage FAQs).
Pennsylvania prevailing wage
Pennsylvania prevailing wage rules apply to public works contracts funded by state or local government. Any contract over $25,000 triggers the requirement. The PA Department of Labor & Industry sets rates by job classification and county. (PA DLI Prevailing Wage).
Rates vary by trade and location. Unskilled labor ranges from approximately $15 to $20 per hour. Electric Linemen can reach $51.40/hr base, with total compensation including benefits up to $81.02/hr. Look up exact rates using the PA DLI Prevailing Wage FAQ and rate lookup tool before bidding. Guessing on prevailing wage is how contractors leave money on the table or face back pay claims.
For a full breakdown of prevailing wage requirements across all states, see Workyard’s prevailing wage guide.
$15.00–$20.00/hrUnskilled labor
Varies by county and classification
$51.40/hr Electric lineman (highest rate)
$51.40/hr base; $81.02/hr total with benefits
For a full breakdown of prevailing wage requirements across all states, see Workyard’s prevailing wage guide.
Pennsylvania leave laws and PTO
Up to 12 weeks unpaid, job-protected leave per year for eligible employees. Applies to employers with 50+ employees. Follows federal FMLA.
Not mandated statewide. Philadelphia and Pittsburgh have local ordinances. Pittsburgh expanded its Paid Sick Days Act effective January 1, 2026: cap raised to 72 hrs/yr for employers with 15+ employees and 48 hrs/yr for under 15. Accrual is now 1 hr per 30 hrs worked. Allegheny County employers should also verify local rules.
Not required by state law. Employer policy governs.
Employers may not discharge, threaten, or deprive employees of seniority or benefits because they receive a summons or serve as a juror (42 Pa.C.S. § 4563). No pay is required. Exemption: retail/service employers with fewer than 15 employees and manufacturing employers with fewer than 40 employees are not covered by the job protection provision.
Federal USERRA applies to all employers regardless of size. Provides up to 5 years of unpaid, job-protected leave for uniformed service members. Health insurance continuation for up to 24 months during leave. Pennsylvania state military leave law covers state government employees; private employers follow USERRA.
Pennsylvania Living Donor Protection Act (effective June 26, 2021) requires FMLA-covered employers to provide leave for organ or tissue donation surgery, including prep and recovery. Leave is unpaid, runs concurrently with FMLA (not additional leave), and is capped at 12 weeks per year. Covers the employee’s own donation or that of a spouse, child, or parent.
Not required by state law. Employer discretion.
No state requirement. Employees arrange voting outside work hours.
No statewide mandate. Philadelphia provides leave protections for victims of domestic violence or sexual assault.
No state law mandating this. Employer may establish policy.
No state requirement for leave for school-related activities.
Pennsylvania child labor laws
Pennsylvania child labor laws hours vary by age and whether school is in session. (PA DLI Child Labor Act). Here are the core rules:
Ages 14–15
Hours and restrictions
During school: max 3 hrs/day on school days, 8 hrs on non-school days, 18 hrs/week. During summer: max 8 hrs/day, 40 hrs/week. No work before 7am or after 7pm (9pm June 1–Labor Day).
Ages 16–17
Hours and restrictions
During school: max 8 hrs/day, 28 hrs/week. No work before 6 a.m. or after midnight. During summer: max 10 hrs/day, 48 hrs/week.
All minors under 18
Hours and restrictions
30-minute break required after 5 consecutive hours of work (43 Pa. Stat. § 40.3).
Under 18
Work permit
All minors under 18 must obtain an Employment Certificate (Work Permit) through their school before starting work.
Pennsylvania child labor laws hours are strictly enforced. Violations of the Child Labor Act carry fines up to $400 for a first offense and $750–$1,500 for a second. See: Abstract of the Child Labor Act (PDF).
Other essential Pennsylvania labor laws
Pennsylvania noncompete agreements
For construction contractors: this section does not affect your trades. Pennsylvania’s noncompete law covers licensed medical practitioners only — not construction workers or subcontractors.
Pennsylvania enacted its first statutory noncompete restriction with Act 74 of 2024 — the Fair Contracting for Health Care Practitioners Act. It took effect January 1, 2025.
Under Act 74, any noncompete entered into on or after January 1, 2025 is void and unenforceable. The condition: the agreement impedes a covered health care practitioner from treating patients. Two exceptions apply:
- The agreement is no longer than one year in duration.
- The employer did not dismiss the practitioner. If the employer terminates for any reason — including for cause — a noncompete of any length is unenforceable.
Covered practitioners: physicians (M.D. and D.O.), certified registered nurse anesthetists, certified registered nurse practitioners, and physician assistants.
For all other industries, noncompetes remain enforceable if reasonable in duration, geographic scope, and restricted activities. Pennsylvania courts may reform (blue-pencil) overly broad agreements rather than void them. That is standard practice under labor laws Pennsylvania follows.
Hiring and termination in Pennsylvania
You can hire and fire at will in Pennsylvania. Here is what that means in practice:
Pennsylvania at-will employment has been the rule since 1891. Contractors can let workers go for any reason — or no reason — without notice. Workers can walk off a job the same way.
Exceptions exist under state and federal law. Employers cannot terminate for discriminatory reasons. They also cannot fire someone for reporting illegal activity or filing an unemployment compensation claim.
No. Pennsylvania is not a right-to-work state. Employees in union-covered workplaces may be required to pay dues or fees even without joining the union. This matters for contractors working on union job sites.
Contractors must obtain written consent before running background checks on new hires. Drug testing is permitted but must be job-related and consistent with business necessity. Safety-sensitive roles on jobsites meet that standard.
Employers must issue the final paycheck by the next regular payday after separation. This applies whether the employee resigned or was terminated. (PA DLI Wage FAQs).
- Voluntary resignation: final paycheck on the next scheduled payday or within 15 days, whichever is sooner.
- Termination or layoff: final paycheck on the next regular payday.
- If an employee requests mailing, the employer must comply.
- Deductions require written consent beyond legally mandated amounts (taxes, Social Security).
- Unused PTO payout is NOT required under Pennsylvania law — employer policy governs.
COBRA and unemployment benefits
COBRA health coverage continuation
| COBRA provision | Rule |
| Standard COBRA — 20+ employees | Separated employees and dependents may continue health insurance for up to 18 months. Employee pays full premium (typically $400–$700/mo) plus 2% admin fee. |
| Mini-COBRA — 2–19 employees | Pennsylvania Mini-COBRA allows continuation for up to 9 months for employers with 2–19 employees. |
| Qualifying events | Termination (except gross misconduct), reduction in hours, divorce or legal separation, death of covered employee, dependent aging out. |
| Employer obligation | Notify employees of COBRA/Mini-COBRA rights within specific timeframes. Employees have 60 days from notice to elect continuation. |
Unemployment compensation
Crew members who lose work through no fault of their own — layoffs, project ends, seasonal slowdowns — may qualify for Pennsylvania unemployment compensation (UC). Eligibility requires sufficient wages and credit weeks in covered employment. (PA UC Program).
Agricultural workers and domestic workers in private homes are exempt from UC coverage. Employers contribute through quarterly tax payments and must accurately report wages. Misreporting carries penalties. Apply at: pa.gov/agencies/dli/programs-services/unemployment.
Health and safety standards
Pennsylvania job sites must comply with both state and federal safety law. OSHA standards apply statewide. Here is what contractors are required to do:
Employer obligations
- Comply with the General Safety Law (Act No. 174, P.L. 654) — covers jobsites, equipment, and worker welfare.
- Ensure safe operation of machinery and control of hazardous byproducts — directly applicable to construction equipment and materials.
- Maintain safe construction and maintenance practices.
- Follow federal OSHA standards, which apply statewide.
Worker rights
- Right to a safe working environment under state and federal law.
- Right to report unsafe conditions to the employer or to the PA DLI without retaliation.
- Right to participate in required safety training.
Reporting violations
Report unsafe conditions to the PA Bureau of Labor Law Compliance or to federal OSHA. Contractors on public projects face additional safety requirements tied to prevailing wage compliance.
Anti-discrimination laws
Contractors with four or more employees cannot discriminate in hiring, firing, pay, or conditions of employment. Here is what Pennsylvania law covers:
The Pennsylvania Human Relations Act (PHRA) bans employment discrimination. Protected categories: race, color, religion, ancestry, national origin, sex, age (40+), disability, and use of a guide dog. Applies to contractors with four or more employees. (Pennsylvania Human Relations Commission).
Philadelphia’s Fair Practices Ordinance goes further. It adds sexual orientation and gender identity protections. It applies to employers with one or more employees within city limits.
Pennsylvania’s CROWN Act (HB 439) took effect January 24, 2026. It amends the PHRA to ban discrimination based on natural hair texture and protective hairstyles. Covered styles include locs, braids, twists, coils, and afros. Religious head coverings are also protected. Applies to employers with four or more employees.
For construction: safety-based grooming requirements (e.g. hair net under hard hat) are permitted if applied consistently and for documented safety reasons. Review grooming and dress code policies for compliance. (Pennsylvania Human Relations Commission).
Workers may file discrimination complaints with the PHRC or the federal EEOC.
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Pennsylvania recordkeeping requirements
Labor laws in Pennsylvania require contractors to maintain accurate records of hours worked and wages paid. On public jobs, certified payroll requirements add another layer. Federal FLSA requirements apply statewide.
1 year
Employers must retain these documents for at least one year:
All employment records including hiring, promotion, demotion, and termination. Employee benefits data (retain for minimum 1 year after plan termination).
2 years
Employers must retain these documents for at least two years:
Basic employment and earnings records — timecards, wage rate tables. Documentation explaining pay differences between employees.
3 years
Employers must retain these documents for at least three years:
Payroll records including I-9 forms, wages, and hours records. Certificates, notices, collective bargaining agreements, employment contracts. Sales and purchase records.
4 years
Employers must retain these documents for at least four years:
Employment and payroll records related to unemployment compensation. Daily attendance records. Critical for construction contractors — PA UC audits commonly request these.
Penalties for noncompliance
Each week of underpayment and each underpaid employee is a separate offense. Penalties under Pennsylvania labor laws compound fast on crews. Here is what labor laws in Pennsylvania impose. (PA Bureau of Labor Law Compliance).
$75–$300 fine per violationWage violations (minimum wage underpayment)
$75–$300 fine per violation, or 10–60 days imprisonment. Each week of underpayment and each underpaid worker counts as a separate offense.
Up to $1,000FLSA overtime violations
Civil penalties up to $1,000 per violation. Willful violations: criminal prosecution, fines up to $10,000, and possible imprisonment on a second conviction.
Up to $1,500Child Labor Act violations
Up to $400 for a first offense; $750–$1,500 for a second offense. Violations endangering minors carry higher penalties and potential jail time.
Up to $2,500Worker misclassification — Pennsylvania Construction Misclassification Act (Act 72)
Up to $1,000 for negligent misclassification; up to $2,500 for subsequent violations. Criminal and administrative penalties apply. This is the highest-risk compliance area for PA contractors.
Violations are investigated by the PA Department of Labor & Industry’s Bureau of Labor Law Compliance. In severe or repeated cases, the DLI may seek a court order to close the business.
Further resources for Pennsylvania contractors
Construction crew management requires solid labor law adherence. Supercharge your trade business (ex. cleaning software) using job management tailored to construction HR payroll officer demands, including integrations with QuickBooks and Paylocity.
Looking for other state-specific labor and overtime laws? Check out these guides:
The PA state minimum wage is $7.25 per hour — the federal floor, unchanged since July 2009. The PA House passed HB 2189 in March 2026 to raise it to $15 by 2029. The Senate has not voted. Under current labor laws, Pennsylvania employers must still pay $7.25/hr statewide.
No. Pennsylvania does not require rest or meal breaks for adult workers. Under PA labor laws, breaks are not mandated for adults at the state level. If an employer voluntarily offers a break under 20 minutes, it must be paid. A break of 30 minutes or more is unpaid — but only if the worker is fully relieved of all duties.
The one exception: minors aged 14–17 and seasonal farmworkers must get a 30-minute break after five consecutive hours. That is the only state-mandated break in PA. (PA DLI Wage FAQs).
1.5 times the employee’s regular rate for all hours over 40 in a workweek. The FLSA overtime exemption in Pennsylvania sits at $684/week ($35,568/yr) in 2026. Salaried employees below this are entitled to overtime regardless of job title. (PA DLI Overtime Rules).
No statewide mandate. Philadelphia and Pittsburgh have local paid sick leave ordinances. Pittsburgh expanded its Paid Sick Days Act on January 1, 2026. The cap is now 72 hrs/yr for employers with 15+ employees and 48 hrs/yr for smaller employers.
Accrual rate is 1 hr per 30 hrs worked. Pennsylvania paid sick leave requirements vary by city. Employers in those locations must comply with local rules.
It depends on age. Workers aged 14–15 are limited to 3 hrs/day on school days and 18 hrs/week during school. Workers aged 16–17 may work up to 8 hrs/day and 28 hrs/week during school. In summer, that rises to 10 hrs/day and 48 hrs/week. All minors under 18 must get a 30-minute break after 5 consecutive hours. (PA DLI Child Labor Act).
No. Pennsylvania is not a right-to-work state. Employees covered by union agreements may be required to pay dues or fees without joining the union.
By the next regular payday after separation. For voluntary resignation: next scheduled payday or within 15 days, whichever is sooner. Unused PTO payout is not required by state law.
Under the Pennsylvania Construction Misclassification Act (Act 72): up to $1,000 for a first negligent violation. Up to $2,500 for subsequent violations. Criminal penalties also apply. Misclassification is the highest-risk area for PA contractors. (PA Bureau of Labor Law Compliance).
