Pennsylvania Overtime Laws Explained
As an employee, it is crucial to have a thorough understanding of the laws surrounding overtime in Pennsylvania. In this article, we will cover the basics of Pennsylvania overtime laws, including who is eligible for overtime pay, what qualifies as overtime, and how to calculate overtime pay. We will also explore recent updates to the law, as well as penalties for employers who do not comply with overtime regulations.
Who is Eligible for Overtime Pay in Pennsylvania?
In Pennsylvania, most employees are eligible for overtime pay under the Fair Labor Standards Act (FLSA). This federal law mandates that employees who work more than 40 hours in a workweek must be paid at least one and a half times their regular rate of pay for each hour worked over 40. However, some employees are exempt from overtime pay, including:
– Executive, administrative, and professional employees: These employees are exempt if they earn a salary of at least $684 per week and perform specific job duties that involve management, administrative work, or specialized knowledge. These job duties are defined by the FLSA and are typically related to decision-making, budgeting, and overseeing other employees.
– Outside sales employees: These employees are exempt if their primary duty is making sales or taking orders outside of the employer’s place of business.
– Certain computer professionals: These employees are exempt if they earn a salary of at least $684 per week or are paid on an hourly basis of at least $27.63 per hour and perform specific job duties related to the design, development, analysis, or programming of software.
– Agricultural workers: These employees are exempt from overtime pay if they work on a farm that employs fewer than 500 man-days of agricultural labor per quarter.
What Qualifies as Overtime in Pennsylvania?
In Pennsylvania, overtime applies to all hours worked over 40 in a workweek. A workweek is defined as any seven consecutive days, starting on any day of the week and at any hour of the day. Employers must pay overtime to non-exempt employees at a rate of one and a half times their regular rate of pay for all hours worked over 40 in a workweek.
Calculating Overtime Pay in Pennsylvania
Calculating overtime pay in Pennsylvania is relatively straightforward. To determine your overtime pay, you must first determine your regular rate of pay. Your regular rate of pay is your total earnings (including any bonuses or commissions) divided by the total hours worked in a workweek. Once you have determined your regular rate of pay, you can calculate your overtime pay by multiplying your regular rate of pay by 1.5 for all hours worked over 40 in a workweek.
Recent Updates to Pennsylvania Overtime Laws
Recently, Pennsylvania passed new overtime rules to comply with changes made by the federal government to the FLSA. In January 2020, the U.S. Department of Labor changed the minimum salary threshold for executive, administrative, and professional employees who are exempt from overtime pay. The new threshold is $684 per week (equivalent to $35,568 per year), up from $455 per week ($23,660 per year).
Under the new Pennsylvania overtime rules, employees who earn a salary of less than $684 per week must be paid overtime for all hours worked over 40 in a workweek. This change affects approximately 61,000 workers in the state who were previously exempt from overtime pay.
Penalties for Employers Who Violate Overtime Laws
Employers who violate overtime laws in Pennsylvania can face penalties for failing to pay overtime or for retaliating against an employee who files a complaint. Penalties may include back pay, damages equal to twice the amount of unpaid wages, and attorney’s fees.
Additionally, employers who violate overtime laws can face penalties from the Department of Labor for non-compliance, including citations, fines, and liquidated damages. Employers who repeatedly violate overtime laws may also face criminal charges.
Conclusion
As an employee in Pennsylvania, it is essential to understand your rights under overtime laws. If you believe that your employer has violated overtime laws, you should file a complaint with the Department of Labor. By knowing your rights and holding employers accountable for overtime pay, you can help ensure that all workers are treated fairly and receive the compensation they deserve.
– Outside sales employees: These employees are exempt if their primary duty is making sales or taking orders outside of the employer’s place of business.
– Certain computer professionals: These employees are exempt if they earn a salary of at least $684 per week or are paid on an hourly basis of at least $27.63 per hour and perform specific job duties related to the design, development, analysis, or programming of software.
– Agricultural workers: These employees are exempt from overtime pay if they work on a farm that employs fewer than 500 man-days of agricultural labor per quarter.
Guide to Pennsylvania Overtime Laws
It is important for all workers in the state of Pennsylvania to understand their rights according to PA overtime laws. While not all workers are entitled to overtime according to federal or Pennsylvania overtime laws, most are, and not all employers abide by these rules. This guide will explain which workers are eligible for overtime according to PA overtime laws, and how much you can expect to be paid in overtime. You’ll also learn what to do if your employer has violated these labor laws.
Who is Entitled to Overtime?
Overtime laws are generally intended to protect mostly blue-collar workers, rather than professionals. Because of this, there are many positions that are considered exempt from overtime requirements. If you spend more than 80% of your time at work doing professional, executive, or administrative job duties, or making outside sales calls, you are exempt from PA overtime laws and your employer does not need to pay you any overtime.
It is a myth that all salaried jobs are exempt from Pennsylvania overtime laws. Even if your job is salaried, unless you are performing exempt job duties, your employer is required by PA overtime laws to pay you the same amount of overtime as any blue collar worker.
When Must Overtime Be Given?
According to Pennsylvania overtime laws, you must be given overtime for any hours worked over 40 in a one-week period. Employers are not allowed to average an employee’s hours over multiple weeks, or to give “comp time” in lieu of overtime, according to PA overtime laws. Employers are not required by Pennsylvania overtime laws to provide overtime pay for a shift longer than 8 hours, as long as the employee is not working more than 40 hours in one week. Employers are also not required by PA overtime laws to pay overtime for working on Sundays or holidays, although if union contracts or employment agreements may specify overtime in these circumstances it must be given.
How Much is Overtime?
Pennsylvania overtime laws, as well as federal labor laws, require overtime to be paid at a rate of one and a half times a worker’s average hourly wage. While some employers or union contracts may specify that employees can receive double time for some hours worked, in the absence of these agreements, PA overtime laws never require paying double wages to any employee for any number of hours worked.
What if My Employer Violated PA Overtime Laws?
Many employers try to skirt Pennsylvania overtime laws by providing “comp time” or classifying non-exempt employees as overtime exempt. If you suspect you have not been paid overtime properly, you may want to consult with a Pennsylvania labor and employment attorney. These attorneys specialize in resolving disputes between employees and employers. You may also file a complaint with the Department of Labor, which can often lead to you receiving back wages to compensate you for the missing overtime compensation you are owed.
