of Labor: Wage and Hour FAQs. One of the main benefits of being a salaried employee is that your pay is not determined by whether or not you show up late to work. Information about Pennsylvania jury duty leave laws may now be found on our Pennsylvania Leave Laws page. An employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. of Labor: Wage and Hour FAQs. The law does not prohibit employees from working shifts over eight hours if the schedule is mutually agreed upon, and does not extend to on-call workers. For example, a salaried employee might earn $50,000 per year. Exemptions: Minimum Wage and Overtime Pay. Minimum wage laws protect all employees, whether or … Services Excluded from “Employment” 892 188 Section 1003. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. Pennsylvania overtime laws, as well as federal labor laws, require overtime to be paid at a rate of one and a half times a worker's average hourly wage. If an employer is found to have violated this law, a state fine will be levied and all wages withheld from the employee or employees in question will be paid. Employers that are covered by both state and federal law must comply with the law that affords the higher standard of protection for employees. This could encompass situations where an employee is allowed to take a lunch period but may also be required to keep a work phone or pager on them in case they have to return to work immediately. It does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employee would have worked otherwise. In areas where one law is more favorable to employees than the other, Pennsylvania employers must comply with the more employee-friendly requirements to … Salaried employees are exempt. Pennsylvania Legal Holidays Other employees may be overtime exempt because they may fall … Pennsylvania Code 43-40.3(a) Employers are not required to provide breaks to employees eighteen (18) and over. To be exempt in Pennsylvania, employees must earn at least $684 per week in addition to passing specific duties tests. Sign up for Employment Law Handbook’s free email updates to stay informed. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). Under federal law and in most states, employees can be required to pay part of their tips into a tip pool to be shared with other employees. The employer cannot label an employee as exempt simply because it wants to. 1. An employer that has agreed to pay for vacation must pay for earned, unused time within 10 days of the person's termination or within 60 days of when the employee makes a claim for the pay. Federal Labor Laws for Salaried Employees. Paid Time Off/Vacation Policy (PA)by Practical Law Labor & Employment Related Content Law stated as of 21 Sep 2020 • PennsylvaniaA Pennsylvania-specific employee policy on paid time off (PTO), vacation, or sick days. State Employes 891 188 Section 1002. Under federal law, employers must pay for hours worked, including certain time that an employer may designate as “breaks.” Not all salaries are funded by state tax dollars; some salaries are paid with federal funds, tolls, or fees. Exempt means the employee is exempt from the FLSA overtime, and in some cases, minimum-wage laws. The law was enacted in order to insure optimal care for patients and to protect doctors and nurses from becoming overtired and making potentially dangerous mistakes. Related topic covered on other pages include: Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. Pennsylvania Labor Laws for Salaried Employees Equal Wages. cannot work because their minor child’s school or childcare service is closed due to COVID -19 precautions. Federal legal holidays include New Year's Day, Independence Day, Thanksgiving, and Christmas. The state of Pennsylvania has a Worker’s Compensation Act that protects the rights of salaried, and non-salaried, employees. Pennsylvania’s New Overtime Laws & Rules. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476 If you’d like assistance or more information on salaried employee laws, post your legal need to UpCounsel’s marketplace. An employee must be paid one and one-half their regular rate of pay for any hours worked over 40 in any 7-day workweek. Pennsylvania law includes these and all other federal legal holidays. Pennsylvania Code 231.1. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. Pennsylvania law does not specifically address whether an employer may deduct or withhold wages from an employee’s pay check to pay for: cash shortages; breakage, damage, or loss of the employer’s property; purchase of required uniforms or clothing; required tools; other items necessary for employment; However, such deduction are probably not permissible. The minimum weekly salary of $684 in effect through October 2, 2021 mirrors the minimum weekly salary required by federal law. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. While minor provisions within laws differentiate between salaried and non-salaried employees, Pennsylvania labor laws exist to protect the rights of workers across the board. Will Gish slipped into itinerancy and writing in 2005. Pennsylvania labor laws do not require employers to provide employees with severance pay. Example: A salaried employee is paid $20,000 a year. He is the primary entertainment writer for "College Gentleman" magazine and contributes content to various other music and film websites. Pennsylvania is the same as every other state in this regard. A number of states require employers to provide meal breaks or rest breaks. Contributions 893 189 ARTICLE XI EMPLOYES OF NONPROFIT ORGANIZATIONS Section 1101. In the case of a non-exempt salaried employee, normal … In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. If an employer chooses to provide a break and it lasts less than twenty (20) minutes, it must be paid. Pennsylvania employers must follow the rule that provides the greater benefit to the employee where there are differences between the two laws. Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Pennsylvania’s Prohibition of Excessive Overtime in Health Care Act prevents health care facilities such as hospitals from requiring excessive overtime work from salaried and non-salaried employees who are in direct and frequent contact with patients. Now, starting on December 1, 2016, most employees earning less than … Federal Law: Paid versus Unpaid Breaks. Most hourly employees in Pennsylvania are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act).. PA Dept. In Alabama and South Carolina, for example, employers with more than five employees are only required to give written notice to employees about pay periods. Pennsylvania’s current minimum wage is $7.25. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. PA Dept. Gish has a Bachelor of Arts in art history from University of Massachusetts, Amherst. Beginning on October 3, 2021, to be exempt, employees must earn at least $780 per week. of Labor: Wage and Hour FAQs. For more information on Pennsylvania’s minimum wage laws, visit our Pennsylvania Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Employers, however, generally do not have to pay overtime wages to certain categories of salaried employees, including those employed in a bona fide executive, administrative or professional capacity, or as outside salesmen. The law does not say that salaried employers are required to work 50 hours; the law does not forbid the employer from requiring a salaried employee to work 50 hours. The only difference is that if you don’t show up for more than a week at a time, then you won’t be paid for that week. If your hours have been reduced because of COVID-19, you may be eligible for Unemployment Compensation. Pennsylvania Code 43-40.3(a), Employers are not required to provide breaks to employees eighteen (18) and over. A salaried employee is a worker who is paid a fixed amount of money or compensation (also known as a salary) by an employer. Paid family leave benefits provide a total of up to 12 weeks of paid leave for employees who . His work can be found on various websites. of Labor: Wage and Hour FAQs. The employee is part of a valid tip pool. Pennsylvania State labor laws, which were created through a series of acts in the 20th century and are updated regularly in order to meet contemporary federal standards, extend to protect both salaried and non-salaried employees. As stipulated by the Act, workers seeking compensation must file with the state to receive compensatory benefits. If an employer provides a meal period, it does not need to be paid if the employee does not work during the meal period and it lasts more than twenty (20) minutes. This salary is divided by the number of pay periods in the year, as set by your company, to determine the salary for each pay period. All salaried employees in the state of Pennsylvania are entitled to wages equal to those of workers within the same field and company of employment performing the same function. Generally, Pennsylvania law requires that employees be paid for all hours worked. ARTICLE X BENEFITS TO EMPLOYES OF THE COMMONWEALTH Section 1001. Information about Pennsylvania holiday leave laws may now be found on our Pennsylvania Leave Laws page. Private employers are not obligated to pay employees a holiday premium (often 150 percent regular wages) if they work on those days. Salary and wage amounts do not include other forms of compensation, such as overtime.