Pennsylvania Labor Laws: What You Need to Know
If you’re doing business in Pennsylvania, it’s essential to understand and follow the state’s labor laws. Failing to comply can lead to significant penalties and legal headaches. Pennsylvania’s regulations often work in tandem with federal guidelines, but they also address specific needs within the state.
This guide is designed for Pennsylvania employers, HR professionals, business owners, and employees alike. We aim to provide a comprehensive overview of key areas, including:
- Wages and Overtime
- Breaks and Leave
- Hiring and Termination Practices
- Workplace Safety
We will also touch on relevant local laws in Philadelphia, Allegheny County, and Pittsburgh.
Our goal is to empower both employers and employees with the knowledge they need to navigate Pennsylvania labor laws successfully, ensuring fair treatment and a compliant workplace. Whether you’re an employer seeking to avoid legal pitfalls or an employee wanting to understand your rights, this guide is for you.
Wages, Overtime, and Payment Regulations in Pennsylvania
Pennsylvania has its own set of rules about how employers have to pay their employees. Here’s a look at the laws about minimum wage, overtime, and when and how you have to be paid.
Pennsylvania Minimum Wage
As of today, the minimum wage in Pennsylvania is $7.25 per hour. That’s the same as the federal minimum wage. There has been some talk of raising the minimum wage to $15 per hour by July 1, 2028, but that’s still just a proposal.
If you’re an employee who gets tips, your employer can pay you a minimum of $2.83 per hour, as long as you make more than $135 per month in tips.
Interestingly, Pennsylvania doesn’t allow employers to pay a lower training wage to employees aged 16 to 19. Also, certain jobs, like farm labor and domestic service, are exempt from minimum wage laws.
Overtime Pay
If you work more than 40 hours in a workweek, Pennsylvania law says you have to be paid overtime at a rate of 1.5 times your regular pay.
Like the federal government, Pennsylvania has some exemptions from overtime pay rules. However, a court decision in 2024 means that the old salary threshold of $684 per week ($35,568 per year) is still in place.
Wage Payment Timing and Deductions
Pennsylvania employers have to pay their employees on a regular payday and give them a pay statement that shows how much they’re earning. You have to be paid at least twice a month, once between the 1st and 15th of the month, and again between the 15th and the end of the month.
Pennsylvania law also outlines what kinds of deductions employers can legally take from your paycheck.
Breaks and Meal Periods
Pennsylvania labor laws around breaks can be a little murky, especially when it comes to adults. Here’s a breakdown:
- Meal Breaks: Employers aren’t required to provide meal breaks to employees over 18. However, if they do offer breaks longer than 20 minutes, those breaks can be unpaid.
- Rest Breaks: Short breaks of 20 minutes or less are considered part of the workday and must be paid. Think of it as a quick breather, not a long lunch.
- Breaks for Minors: Things are clearer for younger workers. If you’re 14-17, you’re entitled to at least a 30-minute break if you work more than five hours in a row.
Pennsylvania Leave Laws
In Pennsylvania, some types of leave are required by law, while others are at the discretion of the employer. It’s also important to note that local laws can add another layer of complexity, especially when it comes to paid sick leave.
Required Leave
Pennsylvania employers must adhere to the following leave laws:
- Family and Medical Leave: Pennsylvania follows the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.
- Jury Duty Leave: Pennsylvania law requires employers to allow employees to take time off for jury duty. Employers are not required to pay employees for this time, but they cannot retaliate against them for serving on a jury.
- Military Leave: Pennsylvania law provides certain protections for employees who are members of the military and need to take leave for military service.
- Leave for Victims of Crime: Pennsylvania law allows victims of certain crimes to take leave from work to attend court proceedings or receive medical or psychological treatment.
- State Employee Leave: Pennsylvania state employees are eligible for a variety of leave types, including leave for emergency response, sick leave, bereavement leave, vacation, and holidays. The specific provisions for each type of leave are outlined in the state’s employee handbook.
Non-Required Leave
Unless a collective bargaining agreement or company policy states otherwise, private employers in Pennsylvania are generally not required to provide the following types of leave:
- Sick leave
- Bereavement leave
- Vacation leave
- Holiday leave
However, it’s crucial to remember that local laws can change this, especially regarding sick leave.
- Voting Time Leave: Pennsylvania law does allow employees up to four hours to vote in an election, but only if they don’t have enough time outside of work hours to cast their ballot.
Paid Sick Leave at the Local Level
Several Pennsylvania cities and counties have enacted their own paid sick leave laws, which apply to employers within those jurisdictions. Here’s a brief overview:
- Philadelphia: Philadelphia’s paid sick leave law applies to employers with 10 or more employees. Eligible employees accrue one hour of paid sick leave for every 40 hours worked, up to a maximum of 40 hours per year.
- Allegheny County: Allegheny County’s paid sick leave law applies to employers with 26 or more employees. Eligible employees accrue one hour of paid sick leave for every 35 hours worked, up to a maximum of 40 hours per year.
- Pittsburgh: Pittsburgh’s paid sick leave law has different accrual rates based on employer size. Large employers (those with 50 or more employees) must allow employees to accrue one hour of paid sick leave for every 35 hours worked, up to a maximum of 40 hours per year. Small employers (those with fewer than 50 employees) must allow employees to accrue one hour of paid sick leave for every 35 hours worked, up to a maximum of 24 hours per year.
Child Labor Laws in Pennsylvania
Pennsylvania has specific labor laws to protect children and teenagers. Here are some key points:
Work Permits
If you’re under 18 and want to work in Pennsylvania, you usually need an Employment Certificate, also known as a Work Permit. This ensures that your employment meets certain legal requirements.
Age Restrictions
Pennsylvania law restricts the hours, types of jobs, and conditions under which minors can work. These restrictions vary based on age:
- Minors Under 16: There are significant limitations on the types of jobs they can hold and the hours they can work. These laws are designed to protect younger teens from potentially dangerous or exploitative work environments.
- Minors Aged 16 and 17: While they have more flexibility than younger teens, there are still restrictions on their work hours, especially during the school year, and on certain hazardous occupations.
Prohibited Occupations
Pennsylvania law prohibits minors from working in certain occupations deemed too dangerous. These can include jobs involving heavy machinery, exposure to hazardous substances, or work in specific industries.
Hiring and Termination Laws
Pennsylvania employers must follow certain laws when hiring and terminating employees.
Hiring Laws
Pennsylvania has laws and regulations around new hire reporting, inquiries into criminal history, and verifying employment eligibility.
- New Hire Reporting: Pennsylvania employers must report all new hires within 20 calendar days of their hire date. The report must include the employee’s name, address, Social Security number, and date of hire, as well as the employer’s name, address, and federal employer identification number (FEIN). Employers can report new hires online, by mail, or by fax.
- “Ban-the-Box” Law: Pennsylvania has a “ban-the-box” law that applies to public sector employment statewide and to private employers in Philadelphia. The law prohibits employers from asking about an applicant’s criminal history on the initial employment application. In Philadelphia, the law has a 3-year lookback period, meaning employers can only inquire about convictions that occurred within the past three years.
- Immigration and Employment Eligibility: Employers must verify that all new hires are eligible to work in the United States by completing Form I-9. Certain employers, such as public contractors, construction companies, and those employing F-1 students, may be required to use E-Verify to confirm employment eligibility.
Termination Laws
Pennsylvania also has laws governing the termination of employment.
- At-Will Employment: Pennsylvania is an “at-will” employment state, meaning that an employer can terminate an employee for any reason, or no reason, as long as the reason is not discriminatory or otherwise prohibited by law. Similarly, an employee can quit their job at any time, for any reason.
- Final Paycheck: Pennsylvania employers must pay a terminated employee their final paycheck on or before the next regularly scheduled payday, regardless of the reason for termination. The final paycheck must include all wages earned, including accrued vacation time.
Workplace Safety, Health, and Benefits
Pennsylvania employers are required to follow certain safety guidelines and provide specific benefits to their employees. Here’s a quick look at workplace safety, health, and benefit laws in Pennsylvania.
Occupational Safety
In Pennsylvania, occupational safety standards are mostly governed by federal OSHA (Occupational Safety and Health Administration) laws.
Health and Benefits
Pennsylvania employers are generally required to provide:
- COBRA and Mini-COBRA. COBRA (Consolidated Omnibus Budget Reconciliation Act) and Pennsylvania Mini-COBRA laws ensure you have options for continuing your health insurance coverage after leaving a job. Pennsylvania Mini-COBRA provides up to 9 months of coverage.
- Workers’ Compensation. Pennsylvania employers are required to provide workers’ compensation insurance to cover employee injuries and illnesses that happen on the job.
- Philadelphia Commuter Transit Benefits Program. In the city of Philadelphia, employers with 50 or more employees must offer commuter transit benefits, which allow employees to use pre-tax dollars to pay for public transportation or qualified parking expenses. This helps reduce commuting costs and encourages the use of public transportation.
Other Pennsylvania Labor Laws
Pennsylvania has a variety of other labor laws that employers and employees should be aware of:
- Whistleblower Protection: Pennsylvania law only protects state and public employees who report illegal or unethical activities. Private sector employees do not have the same legal protections.
- Background Checks: Employers in Pennsylvania can conduct background checks on potential employees. However, they must follow state and local regulations, especially in Philadelphia, which has its own Fair Chance Hiring Law (also known as “Ban the Box”). This law restricts when employers can ask about an applicant’s criminal history.
- Drug and Alcohol Testing: Pennsylvania doesn’t have a specific law regulating drug and alcohol testing in private workplaces. However, employers must still adhere to general legal principles, such as respecting employee privacy and avoiding discrimination. Some industries, like transportation, may have specific federal regulations.
- Record-Keeping: Pennsylvania employers are required to maintain accurate records of employee information, including wages, hours worked, and other relevant details. These records must be kept for a specified period, often around seven years.
In Summary
Pennsylvania labor laws are designed to protect workers when it comes to wages, working conditions, and time off. Some key aspects include minimum wage requirements, rules around overtime pay, and regulations related to breaks and leave.
Since labor laws can change, it’s important to stay informed about the latest updates. When in doubt, seek professional advice from an employment lawyer or qualified HR professional.
Disclaimer: This article provides general information and should not be considered legal advice. Consult with a legal or tax advisor before making decisions about legal matters.