What are the labor laws in Pennsylvania regarding overtime pay for employees?
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In Pennsylvania, the state’s minimum wage and overtime requirements are governed by the Pennsylvania Minimum Wage Act (PMWA) and the federal Fair Labor Standards Act (FLSA).
Under the PMWA, non-exempt employees in Pennsylvania are entitled to receive overtime compensation at a rate of 1.5 times their regular rate of pay for any hours worked over 40 in a workweek. This means that if a non-exempt employee works more than 40 hours in a week, they must be paid overtime pay for each hour above 40 hours they worked. The law does not impose any restrictions on consecutive days worked.
In addition to the PMWA, the FLSA also governs overtime pay in Pennsylvania. However, the FLSA is a federal law that applies to all states, and it sets the federal minimum wage, as well as overtime pay rules for covered employees. The FLSA minimum wage is currently $7.25 per hour, but employers in Pennsylvania must comply with the state's minimum wage, which is higher than the federal minimum wage.
The FLSA requires that non-exempt employees be paid overtime at a rate of time and a half for all hours worked over 40 in a workweek. However, there are exemptions to this rule for certain types of employees, including executive, administrative, professional, outside sales, and certain computer employees who meet specific requirements.
It is important to note that Pennsylvania's overtime laws apply to most employees, except those who are exempt according to the PMWA and FLSA regulations. Employers must therefore determine if their employees are exempt, and if so, verify that they meet the requirements for exemption.
In summary, the labor laws in Pennsylvania require employers to pay their non-exempt employees overtime pay at a rate of 1.5 times their regular pay for hours worked over 40 in a workweek. Employers must also ensure that their pay practices comply with both state and federal wage and hour laws, including exemptions to overtime requirements. If an employee believes that they are not receiving proper overtime pay, they can file a complaint with the Pennsylvania Department of Labor and Industry or consult with an employment law attorney for further action.
