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Pennsylvania Wage and Hour Investigations: What you need to know

The state Minimum Wage Act requires employers to keep, for 3 years, an accurate record of the hours worked and wages paid to each employee and, on demand, to make those records open to inspection at any reasonable time by the Department of Labor and Industry's secretary or authorized representative. Every employer must post a summary of the Act in a conspicuous place where employes normally pass and can read it (PA Stat. Tit. 43 Sec. 33.108).
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The state Department of Labor has the authority to investigate and ascertain employee wages; enter and inspect a place of business or employment; and examine any records that in any way relate to wages, hours, or other conditions of employment. The state inspector may copy the records as he or she deems necessary and may require an employer to provide “full and accurate” statements in writing of the wages paid to all employees. The investigator may interview employees in order to ascertain whether the law is being complied with (PA Stat. Tit. 43 Sec. 33.107).
Records kept out of state. If an employer's records are stored in a central recordkeeping office out of state, the employer has 7 calendar days following a verbal or written notice to make those records available at its place of employment.
Any employer that pays or agrees to pay an employee less than the applicable rate faces a fine of $75 to $300, imprisonment of between 10 days and 60 days, or both. Each week in which an employee is paid less than the applicable rate is considered a separate offense. Other violations of the state Minimum Wage Act are punishable by a fine of up to $500 for each day an employer is in violation (PA Stat. Tit. 43 Sec. 33.112).
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