Pennsylvania Overtime Laws
Pennsylvania has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
Pennsylvania follows federal weekly overtime rules.
State Labor Department
Pennsylvania Economy and Workforce
Pennsylvania ranks sixth among states with the highest GDP, with its economy built on manufacturing, agriculture, life sciences, energy, and technology. The state has a $116 billion manufacturing sector, and its 53,000 farms generate over 600,000 jobs and $132 billion for the economy. Major investments from companies like GSK ($800 million) and Spark Therapeutics ($575 million) are expanding the life sciences industry.
Industries with Common Overtime
These Pennsylvania industries frequently involve overtime work situations:
Manufacturing
Production workers in steel, machinery, and food processing plants frequently work overtime to meet demand.
Healthcare
Hospital nurses and medical staff work extended shifts, with specific protections against excessive mandatory overtime.
Energy and Mining
Workers in natural gas extraction and coal mining operations often work overtime during active production.
Warehousing and Distribution
Fulfillment center workers in the I-81 corridor work overtime during peak shipping seasons.
Construction
Building trades workers on commercial and infrastructure projects log overtime to meet project deadlines.
Frequently Asked Questions
Pennsylvania requires employers to pay non-exempt employees 1.5 times their regular rate for hours worked over 40 in a workweek. With the state minimum wage at $7.25 per hour, the minimum overtime rate is $10.88 per hour. There is no daily overtime requirement in Pennsylvania.
No, employees cannot waive their right to overtime pay in Pennsylvania. Under both state law and the FLSA, any agreement between an employer and employee to waive overtime compensation is not legally valid. Employers must pay overtime regardless of any such agreement.
Yes, Pennsylvania's Prohibition of Excessive Overtime in Health Care Act gives healthcare employees the right to refuse to work more than their regularly scheduled shifts. Exceptions exist only for on-call situations or unforeseeable emergent circumstances. This protection helps prevent nurse fatigue and patient safety issues.
How to File a Wage Claim in Pennsylvania
If you believe you are owed overtime pay, follow these steps:
Complete the Wage Payment Complaint Form online through the Pennsylvania Department of Labor and Industry website or download the PDF.
Submit the form online, by fax (717-787-0517), by email ([email protected]), or by mail to the Bureau of Labor Law Compliance in Harrisburg.
Include supporting evidence such as pay stubs, time records, and employment agreements.
The Bureau will review your claim and assign it to a District Office for investigation.
If violations are found, employers may be required to pay back wages; courts may award liquidated damages of 25% of unpaid wages or $500 (whichever is greater) plus attorney's fees.
Important Pennsylvania Consideration
Pennsylvania prohibits the fluctuating workweek method of calculating overtime pay, which some states allow. This means employers cannot pay a fixed salary covering all hours worked (including overtime) and then calculate a lower overtime premium based on total hours. Pennsylvania employees must receive the full 1.5 times their regular rate for each overtime hour, providing greater overtime compensation protection than some neighboring states.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.