One of the most frustrating, stressful situations that can occur in employment is when an employer seems to be withholding your wages. Under the Fair Labor Standards Act (FLSA), overtime pay and wage standards are enforced by the U.S. Department of Labor Wage and Hour Division. If you work in the Keystone State, you should understand the PA wage and hour laws.
Many employers assume you will not pursue legal action due to the relatively small sum involved in a wage and hour claim. However, our lawyers at Weisberg Cummings, P.C. know you deserve to be paid the compensation you earned, and we can handle an employment law claim of any size. When you work with us, we will help you understand and fight for your rights.
Overtime Laws in PA
Following the Great Depression, the first overtime laws were created at the federal level. Prior to the establishment of these laws, employers enforced long workdays, low wages, no time off and the constant worry of being fired. Poor working conditions can lead to the stagnation of the workforce and the collapse of commerce, which is why it is crucial that overtime laws are in place and that employers adhere to them.
As a worker in Pennsylvania, you deserve to maintain a base standard of living and protection in the workplace. The state’s overtime laws provide an extra layer of protection, specifying the type of treatment you should expect in the workplace.
What Is the Rate of Overtime Pay?
In PA, most employees should be paid overtime compensation when they work hours over the standard 40 straight time hours each week. The rate of pay for overtime is 1 1/2 times the employee’s straight time pay rate. Some employees are exempt from overtime pay if they fall into another exemption.
If your job is not exempt from overtime, you should receive overtime pay even if you are paid a salary. If you are an administrative employee, executive employee, professional employee or supervisor who is employed solely to supervise, you may be exempt from overtime. It is also not legal for an employer to give compensatory time off in lieu of overtime payment.
Can You Be Ordered to Work Overtime?
You cannot legally refuse to work overtime if you do not want to. If you refuse to work overtime, your employer can discipline or fire you. However, unless you are exempt, your employer must pay you the overtime rate for the hours you work that week beyond 40 hours.
Can an Employer Withhold Pay?
In almost every situation, an employer must pay you the wages you are due. These wages should also be paid on time. According to the Pennsylvania Wage Payment and Collection Law, your wages should be paid or your employer can face penalties like civil lawsuits driven by a former or current employee.
The wages you can expect to be paid and the frequency with which you can expect to receive them are usually included in your employment agreement. If you have questions or concerns about a withheld payment, first consult your employment agreement. An employment attorney can provide clarifications if you have any questions or are unsure about any of the language in your agreement.
Can Your Employer Withhold Your Pay If You Quit?
Your employer is not legally permitted to withhold your pay, even if you quit. You should receive your final paycheck on time, usually by the next payday, and you should be paid in full for the hours you worked prior to quitting.
Can Your Employer Withhold Your Pay If You Are Fired?
Even if you are fired, your employer is not legally permitted to withhold your pay. You must be paid in full by your usual payday, regardless of your employment status. Whether you have been fired for wrongdoing is irrelevant — you should still be paid in full and on time.
Meal and Break Requirements
According to PA wage and hour laws, employers are required to provide breaks only to minors between the ages of 14 and 17 if they work at least five consecutive hours. These break periods must be a minimum of 30 minutes.
If you are 18 or older, your employer is not required to give you a break. If your employer allows breaks that are shorter than 20 minutes, you should be paid for this time. If you are allowed a meal break, your employer does not need to pay you for this time if you are not working and your break is longer than 20 minutes.
Minimum Wage in PA
The current minimum wage in PA is an hourly rate of $7.25. This is also the federal minimum wage. However, as of 2019, the minimum wage for state employees was increased to $12.00 per hour. This amount is due to increase by $0.50 every year until 2024, at which point the minimum wage will reach $15.00. If an employer fails to comply with the minimum wage, they could face penalties under the Pennsylvania Minimum Wage Act.
There are some employees who are not covered by the state’s minimum wage law, such as:
- Golf caddies
- Farmworkers
- Outside salespersons
- Switchboard operators at small telephone companies
- Domestic workers who work in the employer’s private home
- Volunteers of charitable, nonprofit, religious or educational organizations
- Elected officials or employees of elected officials who are not subject to civil service laws
- Employees who are connected to the publication of a daily, weekly or semiweekly newspaper that has a low circulation
- Professional, administrative or executive employees, such as secondary and elementary school administrators and teachers
- Seasonal employees who are minors and employed by a resident recreational camp or nonprofit day camp operating for just a few months each year
- Seasonal employees who are minors and employed by a nonprofit welfare or health agency that is engaged in activities for exceptional or handicapped children
- Employees of recreational establishments or public amusement that makes most of its money in only half of the year or does not operate longer than such
An employer can also legally apply tips against the state’s minimum wage. This is known as a tip credit. If an employer claims this credit, you could be paid $2.83 per hour, as it is assumed you will earn enough through tips to make the minimum wage. If you do not reach the minimum wage, your employer must pay you the difference.
Get a Free Consultation
At Weisberg Cummings, P.C., we can help you determine whether you have a viable wage dispute claim. Our employment law attorneys are knowledgeable about PA labor laws and can assist you in fighting for your rights. With our personal service, you will learn more about what legal steps you can take. We will dedicate time to understanding your goals and circumstances and return your calls and emails promptly.
We represent clients in Harrisburg and throughout the state. If you believe your employer is in violation of wage and hours laws in PA, contact us at Weisberg Cummings, P.C. for a free consultation with an employment law attorney.
