Under Pennsylvania law, an employer may require employees to work overtime without additional pay if the employees are considered “exempt” under the Fair Labor Standards Act (FLSA). The FSLA provides a minimum salary threshold for determining whether an employee is considered exempt or non-exempt. As of January 1, 2020, the minimum salary threshold for exempt employees under federal law is $35,568 per year ($684 per week).
To classify as exempt, an employee must generally perform work that is executive, administrative, or professional in nature. Examples of exempt employees may include executives, supervisors, outside sales representatives, and certain computer professionals. However, it’s important to note that job titles alone do not determine exempt status – it’s the actual job duties that must be considered when determining if an employee meets the criteria for exemption.
It’s important to note that not all states have the same minimum salary threshold for determining exempt status. In some states, the salary threshold is higher than the federal threshold, and in other states, the threshold is lower or nonexistent. Employers in Pennsylvania must follow the federal threshold, as there is no state-specific salary threshold in place.
If an employer in Pennsylvania requires non-exempt employees to work overtime, the employer must pay those employees at a rate of one and a half times their regular rate of pay for any hours worked over 40 in a workweek. Failure to pay overtime wages may result in a wage claim or lawsuit against the employer.
If you believe that your employer is requiring you to work overtime without proper compensation, it’s important to speak with a licensed attorney in Pennsylvania who can help you determine your legal rights and the best course of action to take.
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