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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Download Now 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. To be exempt in Pennsylvania, employees must earn at least $684 per week in addition to passing specific duties tests. Beginning on October 3, 2021, to be exempt, employees must earn at least $780 per week.
