Pennsylvania Overtime Laws

April 21st 2026

Under the Pennsylvania overtime laws, employees are entitled to receive overtime compensation for the hours they put in.

Pennsylvania Labor Laws follow the federal Fair Labor Standards Act (FLSA) which sets the maximum number of hours an employee has to work (40 in a workweek) before overtime can be considered.

This article will provide you with the information to successfully navigate Pennsylvania’s overtime regulations, whether you’re an employer aiming for compliance or an employee defending your rights.

Pennsylvania Overtime Laws Summary

State overtime law Overtime applies for hours worked over 40 in a workweek
Overtime pay rate 1.5x an employee’s regular hourly rate
Pennsylvania minimum wage $7.25 per hour
Minimum overtime wage $10.88 per hour
Comp time Not allowed
Salary threshold for overtime exemption $684 per week

This Article Covers

Pennsylvania Overtime Rates

In Pennsylvania, employees who work over 40 hours in a single workweek must be compensated at a rate of 1.5 times their normal hourly rate. This applies to all employees except those who are exempt from overtime or if their employer is not required to comply with this regulation for a certain reason.

Since the regular Pennsylvania minimum wage is $7.25 per hour, that makes Pennsylvania’s overtime rate $10.88 per hour (1.5 times the minimum wage).

Overtime Entitlement in Pennsylvania

The majority of employees in Pennsylvania must be provided with overtime pay for their overtime hours.

Employees who earn below $684 a week and those who are non-exempted are entitled to receive overtime pay. However, your overall entitlement for overtime pay will be based on what your job duties are and what type of business you are in.

Refusing to Work Overtime in Pennsylvania

If your employer has scheduled you for overtime hours, you are required to comply. If you choose to refuse to work overtime, your employer may invoke disciplinary action against you, which can lead to termination.

However, this rule can be changed if an agreement or a collective bargaining agreement (CBA) was made prior.

An exception is made under the Prohibition of Excessive Overtime in Health Care Act. This act states that healthcare workers shall not be subjected to working overtime unless predetermined and agreed to.

Overtime for Salaried Employees in Pennsylvania  

Salaried employees in Pennsylvania can be eligible for overtime compensation. 

An employee’s eligibility is not determined by merely receiving salary-based pay. Job duties and employment contracts are factors that are considered as well.

According to the Pennsylvania Minimum Wage Act (PMWA), to calculate the regular rate for salaried employees, employers are required to divide an employee’s weekly pay by 40 hours rather than including overtime hours. By doing that, employers will be giving a higher overtime rate to their employees. 

Let’s assume that an employee makes a salary of $1,000 this week. His hours differ weekly, but his salary remains the same. This week, he worked a total of 50 hours. Following the PMWA, his total overtime compensation would be:

Regular Hourly Rate (RHR) = Weekly salary / 40 hours

$1,000 / 40 

= $25

Total Overtime Pay = RHR x 1.5 x OT hours

$25 x 1.5 x 10 

= $375

The amount will vary according to your hours worked and salary amount.

Overtime for Commissioned Employees in Pennsylvania

Employees in Pennsylvania who receive commissions are eligible for overtime at a rate of 1.5 times their regular hourly rate. Their regular hourly rate must include the commissions earned as well.

For example, let’s say an employee works 45 hours a week at a rate of $10/hour and receives $100 in commissions for that week. We need to first calculate the new regular hourly rate.

To do so:

(Total hours x Hourly Rate) + Commission

= (45 x 10) + 100

= $550

Then, divide that by the total hours worked in the week.

= 550 / 45

=$12.22 (new regular hourly rate)

To determine the overtime rate for the commissioned employees, we need to take that new regular hourly rate and halve it.

$12.22 / 2

= $6.11 (commission employees overtime rate)

Since the employee worked an extra 5 hours in the week, that makes his overtime compensation $30.56 ($6.11 x 5 hours).

The amount will vary according to the hours worked, hourly rate, and commission earned.

Overtime Exemptions in Pennsylvania 

Pennsylvania’s labor laws require employers to pay overtime to most employees who work more than 40 hours in a workweek. However, some occupations are exempt from these regulations. Here are some examples:

  • Executive, administrative, or professional employees earning $684 a week
    Farm workers who are involved in crop production, animal husbandry, or related activities
  • Sailors who are employed on a vessel or boat 
  • Salesmen, partsmen, or mechanics who primarily deal with vehicles, such as cars or trucks.
  • Taxi drivers who drive taxis or other passenger vehicles 
  • Motion picture theater workers
  • Workers who live and work in cities or towns with a population of 100,000 or less, provided that the city is not included in a larger metropolitan statistical area with a total population of over 100,000
  • Employees who reside in cities or towns with a population of 25,000 or less, if they are located within a standard metropolitan statistical area, but at least 40 miles away by air from the main city in that area.

Misclassifying Employees in Pennsylvania

Employers tend to misclassify their employees as “independent contractors” to exempt them from overtime pay.

Under Pennsylvania labor law, an employer can face different levels of charges if they intentionally misclassify their employees.  

Such misclassified employees can be eligible to receive back wages and maybe even additional compensation if their employer fails to comply with overtime laws.

It is advisable to consult with an attorney regarding employee misclassification as penalties may vary based on the severity of the case.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.