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.
Fluctuating workweek method of calculating overtime. The fluctuating workweek method of calculating overtime, which is permitted under federal law, is not permitted in Pennsylvania, unless the employer pays 1 1/2 times the employee's regular rate for hours worked in excess of 40 in a workweek, in addition to the employee's full salary. Federal law only requires a premium of 1/2 times the employee's regular rate for hours worked in excess of 40 in a workweek.
Hospitals and healthcare employers. Hospitals and other healthcare employers may use the 80/80 rule when calculating overtime. Overtime may be computed on a 14-day basis by agreement between the employer and the employee before performance of the work and if time and a half is paid for all hours over 8 in 1 day or 80 in 14 days.
Healthcare employers may not require employees to work more than their agreed upon daily shift. The protected employees include hourly and nonsupervisory employees involved in direct patient care. The law does not protect physicians and physicians' assistants. The law does not apply to emergencies where additional healthcare services are needed, employees are needed to complete a medical procedure in ...