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Pennsylvania Exempt Employees: What you need to know

Like the federal Fair Labor Standards Act (FLSA), Pennsylvania law requires that covered employers pay nonexempt employees overtime in the amount of 1 1/2 times the employee's regular rate for hours worked in excess of 40 in a workweek (PA Code Tit. 43 Sec. 333.104). Because this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard. Pennsylvania does not require overtime pay for hours worked in excess of 8 per day or on weekends or holidays.
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Because the FLSA applies to virtually all enterprises involved in interstate activities, most Pennsylvania employers are covered by the federal overtime requirements. Employers that are covered by both state and federal law must comply with the law that affords the higher standard of protection for employees.
State regulations define an "exempt executive employee" as an employee who is compensated on a salary basis of at least $250 per week and whose primary duty consists of the management of the organization or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees (PA Admin. Code Tit. 34. Sec. 231.82).
State regulations define an "exempt administrative employee" as an employee who is compensated on a salary basis at least $250 per week and whose primary duty consists of performing office or nonmanual work directly related to management policies or general business operations of the employer or its customers, including work requiring the exercise of discretion and independent judgment (PA Admin. Code Tit. ...

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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