PennsylvaniaOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: Pennsylvania has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $684/week ($35,568/year).
What are the overtime rules in Pennsylvania?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does Pennsylvania differ from federal overtime rules?
Pennsylvania has its own overtime law under the Minimum Wage Act (43 P.S. §333.104). It requires 1.5x after 40 hours per workweek. Pennsylvania updated its overtime regulations in 2021–2022, increasing the salary threshold for exempt employees above the federal level. PA's rules are now stricter than FLSA for salaried workers.
How to Calculate Overtime in Pennsylvania
Example 1: Employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 2: Employee works 50 hours at $15/hr
40 x $15.00 = $600.00 (straight time) + 10 x $22.50 = $225.00 (OT at 1.5x)
Total pay: $825.00
Example 3: Salaried non-exempt employee at $800/week works 48 hours
$800.00 (salary) + 8 x $10.00 = $80.00 (OT premium half-time)
Total pay: $880.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in Pennsylvania?
Under Pennsylvania law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises or at a prescribed workplace
- •On-call time when the employee must remain at or near the worksite
- •Travel time between job sites during the workday
- •Mandatory training, meetings, or lectures
- •Meal breaks where the employee is not relieved of duties
- •Time donning/doffing required protective equipment
- •Waiting time under the employer's control
Who is Exempt from Overtime in Pennsylvania?
| Salary Threshold | $684/week ($35,568/year) — follows federal FLSA minimum (PA state increase struck down by court) |
|---|---|
| Exempt Categories | Executive, administrative, professional (PA has updated its duties tests to be somewhat stricter than FLSA in defining exempt status) |
| Industry Exemptions | Agriculture, domestic service, certain seasonal amusement/recreational establishments, some transportation |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $684+/week; manages enterprise or department; directs 2+ employees; hire/fire authority |
| Administrative | Salary $684+/week; office/non-manual work related to management; exercises discretion and independent judgment |
| Professional | Salary $684+/week; advanced knowledge requiring prolonged study |
| Computer Employee | Salary $684+/week or $27.63+/hr; systems analyst, programmer, software engineer |
| Outside Sales | No salary requirement; primary duty is making sales away from employer's place of business |
Must I Pay Unauthorized Overtime in Pennsylvania?
Yes — you must pay for all overtime worked, even if unauthorized.
Pennsylvania employers must pay for all overtime hours actually worked, even if unauthorized. Under both state and federal law, employers cannot withhold pay for hours worked. Employers may discipline employees for policy violations but must still compensate for the time.
Common Overtime Violations to Avoid in Pennsylvania
These are the most common overtime mistakes employers make in Pennsylvania. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying employees as exempt without meeting both salary and duties tests
- 2.Requiring off-the-clock work (pre-shift setup, post-shift cleanup)
- 3.Averaging hours across workweeks
- 4.Improperly rounding time entries to benefit the employer
- 5.Failing to include bonuses and commissions in the regular rate for overtime
- 6.Providing comp time instead of overtime pay in the private sector
Penalties for Overtime Violations in Pennsylvania
Pennsylvania employers who fail to pay overtime face liability under the PA Minimum Wage Act. Employees can recover unpaid wages plus liquidated damages of 25% of the total wages due. Attorney's fees and costs may also be awarded. The PA Department of Labor and Industry can investigate and enforce compliance. Criminal penalties include fines of $75-$300 per offense for willful violations.
What Pennsylvania Employers Need to Know
- •Pennsylvania requires overtime at 1.5x after 40 hours per workweek
- •PA's salary exemption threshold ($875/week / $45,500/year) is above the federal level
- •Pennsylvania updated its overtime regulations in 2021–2022 to be stricter than FLSA
- •No daily overtime requirement in Pennsylvania
- •Agricultural and domestic service workers have overtime exemptions
Frequently Asked Questions
Is Pennsylvania's overtime law stricter than federal?
Yes. Pennsylvania has a higher salary threshold for exempt employees ($875/week vs. federal $684/week) and has updated its duties tests. More employees qualify for overtime under PA law.
When did Pennsylvania raise its salary threshold?
Pennsylvania phased in higher salary thresholds from 2021 to 2023, reaching $875/week ($45,500/year) — well above the federal $684/week.
Official Pennsylvania Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: Pennsylvania Department of Labor & Industry — Bureau of Labor Law Compliance, U.S. Department of Labor.