Please direct your questions regarding the Minimum Wage Law to the, Telephone: 1-877-792-8198 or 814-940-6224, Telephone: 1-800-932-0665 or 717-705-5969, Telephone: 1-877-214-3962 or 570-963-4577, Minimum Wage Act Exemption for Executive, Administrative and Professional Employees, Complaint Form for Minimum and Overtime Wages (Form LLC-22), Formulario De Reclamo De Sueldo (Form LLC-9S), Application for student special certificate (Form LLC-3), Application for learner special certificate (Form LLC-4), Application for worker with disability license (Form LLC-18), Minimum Wage Increase and Training Wage Statement of Policy. Furthermore, job titles do not determine exempt status. Secs. The bill would also increase the minimum wage to $15 an hour by 2027, and eliminate the $2.85 hourly tipped minimum wage for jobs like food servers in the commonwealth. Definitions. Minimum Wage Act (MWA) Exemption (PDF) requires employers to pay their employees at a rate of not less than $7.25 an hour for all hours worked and an overtime rate of 1.5 times the employee’s regular rate of pay for all hours worked above 40 in a workweek. To qualify for the exemption, employees must meet certain tests regarding their salary and their job duties. The minimum wage had last been raised in 1997. The minimum wage hasn’t changed since 2009, when it was raised by $0.10 as a result of the federal increase. Short Title. The Pennsylvania Minimum Wage Act establishes the legal wage and hour practices for employers conducting business within the commonwealth. Pennsylvania is one of 21 states that have a minimum wage at the federal minimum of $7.25. Any questions concerning the application of these exemptions, contact the Bureau of Labor Law Compliance at In addition, the Minimum Wage Act provides penalties for noncompliance. Interested in visiting the State Capitol? Section 2. The minimum wage in Pennsylvania is $7.25 per hour. The bill would also increase the minimum wage to $15 an hour by 2027, and eliminate the $2.85 hourly tipped minimum wage for jobs like food servers in the commonwealth. To qualify for the executive exemption, an employee must meet the following criteria: Compensated on a salary basis of not less than $684 per week; Primary duty is management of the enterprise or managing a customarily recognized department or subdivision of enterprise; “Management” is defined as to include, but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting employees’ rates of pay and hours or work; directing the work of employees; maintain production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work determining the techniques to be used to perform work; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials for merchandise and supplies; providing for the safety and security of the employees or the property; and planning and controlling the budget, and monitoring or implementing legal compliance measures. The bill would also increase the minimum wage to $15 an hour by 2027, and eliminate the $2.85 hourly tipped minimum wage for jobs like food servers in the commonwealth. 2. Some exemptions from the minimum wage rate include: Tipped employees who earn more than $30 per month in tips. Finally, the Pennsylvania Department of Labor and Industry (“Department”) formalized its leap to modernize and streamline its regulation governing the executive, administrative, and professional (“EAP”) exemptions (and the outside sales exemption) from the minimum wage and overtime requirements of the Pennsylvania Minimum Wage Act. Pennsylvania sets its minimum wage to be the same as the federal minimum wage. The Pennsylvania Minimum Wage Act does not provide a legal distinction between part-time and full-time workers. Pennsylvania's Minimum Wage Law. Pennsylvania is a question because Pennsylvania changed it's law in the middle of the election piece." Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. It also sets forth compliance-related duties for the Department of Labor & Industry and for employers. Unless you’re a state employee, the Pennsylvania minimum wage is $7.25, which is the same as the federally mandated minimum. Minimum wage. The Pennsylvania Minimum Wage Act (MWA) Exemption (PDF) requires employers to pay their employees at a rate of not less than $7.25 an hour for all hours worked and an overtime rate of 1.5 times the employee’s regular rate of pay for all hours worked above 40 in a workweek. This bill would make substantial amendments to the Pennsylvania Minimum Wage Act (PMWA). Over 100 people attended the Zoom hearing on minimum wage hosted by the Pennsylvania Senate Democratic Policy Committee, covering a broad range of topics over three hours. The PMWA establishes the requirements under which employers must pay employees not less than the minimum wage—$7.25 per hour—for all hours worked and overtime of 1.5 times an employee’s regular rate of pay for any … You may be trying to access this site from a secured browser on the server. Pennsylvania’s minimum wage, currently set at the federal minimum of $7.25 an hour since 2009, would rise in four steps to $9.50 over the next two years. In doing so, it will allow workers with higher annual incomes to qualify for the benefit. Code Sections: Wage and Hours in the Workplace. If you earn more then the Pennsylvania minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. The expansion updates the state's Minimum Wage Act regulations for overtime pay. To qualify as a bona fide executive employee, an employee must: perform primary duties consisting of the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision; The bill would also increase the minimum wage to $15 an hour by 2027, and eliminate the $2.85 hourly tipped minimum wage for jobs like food servers in the commonwealth. At the national level, Pennsylvania representatives like Rep. Chrissy Houlahan supported increasing the federal minimum wage not to $12, but to $15 via the so-called Raise the Wage Act — legislation that passed in the House of Representatives on Thursday. Keystone State. This final rule ensures that employees who work overtime are fairly and fully compensated for their labor in accordance with the original intent of the Pennsylvania Minimum Wage Act.” Keystone State. How Will They Affect You? Andrea Kirshenbaum Examines Changes to Overtime Exemptions Under the Pennsylvania Minimum Wage Act for The Legal intelligencer. Develop a skilled workforce that meets the needs of Pennsylvania’s business community, Promote access to good-paying jobs for all Pennsylvanians, Create career pathways to fast growing, 21st century jobs. New regulations governing overtime pay and minimum wage went into effect on Saturday, October 3, 2020. According to the Pennsylvania Minimum Wage Act, the minimum wage that businesses must pay their employees is $7.25 per hour and is tied to the federal rate. The minimum wage in Pennsylvania is $7.25 per hour. Pennsylvania Minimum Wage. In what seems like an eternity ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary requirement for the white-collar overtime exemptions under this law.. After many twists and turns, these regulations were published in their final form on … The statutes and regulations setting the minimum wage, the Pennsylvania Minimum Wage Act of 1968 (PMWA), 43 P.S. • Those who work in occupations exempt from overtime pay as provided by the Pennsylvania Minimum Wage Act. This amount will increase every year (see below) until 2023. And it’s about time. Jason E. Reisman. Pennsylvania General Assembly ... Home / Statutes of Pennsylvania / Unconsolidated Statutes / Law Information / 1968 Act 5. Pennsylvania's state minimum wage rate is $7.25 per hour.This is the same as the current Federal Minimum Wage rate. The General Assembly of Pennsylvania, in 2006, via Act 2006-112, amended the Minimum Wage Act and raised the state’s minimum wage from $5.15 an hour to $6.25 on Jan. 1, 2007, and to $7.15 on July 1, 2007. It also sets forth compliance-related duties for the Department of Labor & Industry and for employers. However, section 5(a)(5) of the MWA provides an exemption from both minimum wage and overtime pay for employees employed in a bona fide executive, administrative, or professional capacity. Minimum-Wage.org provides all of Pennsylvania's mandatory and optional labor law posters on this page, to download or print free of charge. “The modernized regulation will expand eligibility for overtime to 143,000 people and strengthen overtime protections for up to 251,000 or more. Therefore, Pennsylvania's overtime minimum wage is $10.88 per hour, one and a half times the regular … Effective October 3, 2020, the Pennsylvania Minimum Wage Law (PMWL) increased the minimum weekly salary to be exempt under the white collar exemptions to $684.00 per week (same as current minimum under the Fair Labor Standards Act). Thus, if the federal minimum wage changes, Pennsylvania’s will change to that same rate as well. Sections 333.101 et seq., 34 Pa. A.D.C. 1968 Act 5. 1) Fair Labor Standards Act (FLSA) 2) The Pennsylvania Minimum Wage Act, Act 112 of 2006 (Act) Pay Day Requirements: Employers must pay their non-salaried employees semi monthly or more frequently than semi monthly, unless otherwise stipulated in an employment contract at the time of hire. RA-LI-SLMR-LLC@pa.gov or 800-932-0665. Effective July 24, 2009, the federal minimum wage increased from $6.55 an hour to $7.25. The Pennsylvania minimum wage was last changed in 2008, when it was raised $0.10 from … Over 100 people attended the Zoom hearing on minimum wage hosted by the Pennsylvania Senate Democratic Policy Committee, covering a broad range of topics over three hours. The Pennsylvania Minimum Wage Act, as amended in 2006, establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. What is the Law Regarding Overtime? Minimum Wage Law Summary Must be Posted in a Conspicuous Place in Every Pennsylvania Business Governed by the Minimum Wage Act The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees. In an October 26, 2020 article for The Legal Intelligencer, Andrea M. Kirshenbaum examines recently published rulemaking by the Pennsylvania Department of Labor and Industry (L&I) that updated decades-old regulations … On November 20, the Pennsylvania Senate passed Senate Bill 79 by a vote of 42-7. Proudly founded in 1681 as a place of tolerance and freedom. The Pennsylvania Minimum Wage Act, as amended in 2006, establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. Please enable scripts and reload this page. By 2022, an additional 82,000 workers in … Work requires customary and regular direction of at least two full-time employees; Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight; For the purposes of counting towards the minimum weekly salary, up to 10% of the individual’s salary may be satisfied by the payment of nondiscretionary bonuses, incentives and commissions that are paid annually or more frequently. The General Assembly of Pennsylvania, in 2006, via Act 2006-112, amended the Minimum Wage Act and raised the state’s minimum wage from $5.15 an hour to $6.25 on Jan. 1, 2007, and to $7.15 on July 1, 2007. Minimum Wage Laws Alert: Pennsylvania’s Minimum Wage Act is Groundbreaking October 14, 2020 by MP In the latest HR updates about wage and hour laws, Pennsylvania has passed one of the most important minimum wage laws of the year. Earlier this year, Gov. V, Pt. 1. Tom Wolf renewed his proposal to sharply increase the minimum wage from $7.25 per hour to $12 by July. Democratic lawmakers heard from advocates, academics and business groups Monday on a renewed push to give minimum wage workers in Pennsylvania a raise to $15 an hour. Text Size: A A A Print. What is the Minimum Wage in Pennsylvania? PA Statute 43-333.104, Pennsylvania Department of Labor & Industry Minimum Wage Laws. Therefore, Pennsylvania's overtime minimum wage is $10.88 per hour, one and a half times the regular Pennsylvania minimum wage of $7.25 per hour. and 29 C.F.R. The minimum wage applies to most employees in Pennsylvania, with limited exceptions including tipped employees, some student workers, and other exempt occupations.. The minimum wage had last been raised in 1997. Sections 333.101 et seq., 34 Pa. A.D.C. Ch. This Proudly founded in 1681 as a place of tolerance and freedom. L&I set the minimum salary threshold at $45,500, to be phased in over two years beginning in 2021. bookkeeper, social worker, case manager, advocate for individuals with disabilities, secretary, help desk support specialist, inspector, medical coder, mortgage loan officer and nurse. In addition, the Minimum Wage Act provides penalties for noncompliance. Minimum Wages.--Except as may otherwise be provided under this act: (a) Every employer shall pay to each of his or her employes wages for all hours worked at a rate of not less than: (1) Two dollars sixty-five cents ($2.65) an hour upon the effective date of this amendment. Minimum wage. It also sets forth compliance-related duties of the Department of Labor & Industry and of employers. For information on visiting the Capitol Complex, please visit pacapitol.com. This would more than double the nationwide minimum wage if it becomes law. Graph and download economic data for State Minimum Wage Rate for Pennsylvania (STTMINWGPA) from 1968 to 2021 about minimum wage, PA, wages, rate, and USA. Section 231.1 et seq., and the federal Fair Labor Standards Act (FLSA), 29 U.S.C.A. 333.101–333.115) had asked the Pennsylvania Supreme Court to … Overtime compensation is 1-1/2 times the employee's straight time rate of pay. THE WAGE. To qualify for the administrative exemption, an employee must meet the following criteria: Primary duty consists of office or nonmanual work directly related to management or general business operations of the employer or employer’s customers; “General business operations” is defined as to include, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing;  insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network; internet and database administration; legal and regulatory compliance. As used in this act — (1) "Department" means Department of Labor and Industry of the Commonwealth of Pennsylvania. Primary duty requires the exercise of discretion and independent judgment with respect to matters of significance; To qualify for the professional exemption, an employee must meet the following criteria: the knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized instruction and study; invention, imagination, originality or talent in a recognize field of artistic or creative endeavor; and. The statutes and regulations setting the minimum wage, the Pennsylvania Minimum Wage Act of 1968 (PMWA), 43 P.S. For employees who work overtime, wages for overtime must be a minimum of one and a half times the normal rate of pay for every hour worked over forty hours per week. For hours worked over 40 in any workweek, hourly workers must be … The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Pennsylvania's Overtime Minimum Wage Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Pennsylvania’s current minimum wage is $7.25. This act shall be known and may be cited as the "Pennsylvania Prevailing Wage Act." Pennsylvania exempts bona fide executive employees from its minimum wage and overtime requirements. A: The Pennsylvania Department of Labor & Industry recently amended Pennsylvania Minimum Wage Act (PMWA) regulations to increase the minimum salary employees must receive in 2021 and beyond to qualify for one of the so-called “white collar” (i.e., executive, administrative, and professional) exemptions from overtime pay. On February 2, 2018, we reported that General Nutrition Centers, Inc. (GNC), the employer in a case brought by a class of salaried, nonexempt, current or former Pennsylvania store managers, assistant managers, or senior managers under the Pennsylvania Minimum Wage Act (PMWA) (43 P.S. The Pennsylvania Visitor Information. Develop a skilled workforce that meets the needs of Pennsylvania’s business community, Promote access to good-paying jobs for all Pennsylvanians, Create career pathways to fast growing, 21st century jobs. You may be trying to access this site from a secured browser on the server. Section 4. Sections 201 et seq. Being paid a salary does not automatically qualify an employee for one of these exemptions. Effective July 24, 2009, the federal minimum wage increased from $6.55 an hour to $7.25. The proposed increase in the minimum wage … Please enable scripts and reload this page. Raising the wage floor, claimed Wolf, would improve the lives of disadvantaged low-wage workers in Pennsylvania. Currently, the minimum wage rate under both the federal Fair Labor Standards Act (FLSA) and the PMWA is $7.25 per hour. 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