Pennsylvania Labor Laws: Pay, Breaks, and Job Protections

Pennsylvania labor laws set a minimum wage of $7.25 per hour, require overtime after 40 hours in a workweek, control when and how you get paid, limit what employers can deduct, place strict rules on workers under 18 and on who counts as an independent contractor, mandate workers’ compensation coverage, and prohibit employment discrimination on grounds that now include protective hairstyles and religious head coverings. Most of these rules are enforced by the Pennsylvania Department of Labor & Industry, with federal law filling gaps around nursing accommodations and the overtime salary threshold.

What You’re Paid

The state minimum wage has held at $7.25 per hour since 2009, when the federal rate last rose and Pennsylvania’s floor automatically matched it under the Minimum Wage Act.¹ The statute is tied to the Fair Labor Standards Act, so any future federal increase would raise Pennsylvania’s rate automatically. A bill to raise the wage to $15 per hour has passed the state House but has not become law.²

Tipped employees can be paid a base rate of $2.83 per hour, but only if tips bring total hourly earnings to at least $7.25. When they don’t, the employer has to cover the difference for every hour worked.³ There is no exception for slow shifts or seasonal dips.

Overtime is 1.5 times the regular rate for every hour over 40 in a single seven-day workweek. A worker earning $15.00 per hour is owed $22.50 for every hour past 40. Employers cannot average hours across two weeks to avoid the threshold.

Some salaried employees are exempt from overtime, but a salary alone does not create an exemption. The worker must perform executive, administrative, or professional duties and earn at least $684 per week, which works out to $35,568 per year. A 2024 federal attempt to raise that salary threshold was vacated in court, reverting the standard to the 2019 level.⁴ Treating hourly-type work as exempt because the paycheck is a salary is one of the most common wage violations the Department of Labor & Industry encounters.

When and How You Get Paid

The Wage Payment and Collection Law requires every employer to set regular paydays and tell each worker, at hiring, when and where they will be paid and at what rate.⁵ If you quit or are fired, all earned wages must be paid no later than the next regularly scheduled payday. Holding a final check as leverage is illegal.

If wages go unpaid for 30 days past the scheduled payday, the employee can claim liquidated damages of 25% of the amount owed or $500, whichever is greater, on top of the wages themselves.⁵ That penalty only applies where there is no good-faith dispute over the amount; an employer who genuinely contests a claim is not automatically on the hook for damages, but one who simply ignores the obligation is.

Employers cannot dock pay for whatever reason they choose. State law limits permissible deductions to categories like taxes, court-ordered garnishments, union dues, insurance premiums, retirement contributions, charitable donations, and loan repayments, and almost all of these (beyond those required by law) need the employee’s written authorization.⁶ An employer cannot deduct the cost of a broken tool or a cash register shortage without written consent. A deduction on your pay stub that you never agreed to is a violation.

Employers also have to keep employment and payroll records for at least four years after related contributions are paid, and daily attendance records for at least two.⁷ In a wage dispute, gaps in those records tend to cut against the employer.

Breaks and Meal Periods

Pennsylvania does not require employers to provide rest breaks or meal periods for workers 18 and older.⁸ An eight-hour shift with no break at all is legal. That surprises people coming from states with mandatory meal period rules, but it is the rule for adults here.

When an employer does offer breaks, pay depends on length. Breaks under 20 minutes count as work time and must be paid. Meal periods longer than 20 minutes may be unpaid, but only if the worker is completely relieved of duties.⁸ If you have to answer the phone, monitor equipment, or stay at your station during a meal break, that time is compensable.

Federal law fills the gap for nursing employees. Under the PUMP for Nursing Mothers Act, employers must provide reasonable break time and a private space other than a bathroom to express breast milk for up to one year after a child’s birth. The space must be shielded from view and free from intrusion by coworkers or the public.⁹ These breaks need not be paid unless the employee is not completely relieved of duties. A narrow exemption exists where compliance would cause significant difficulty or expense, but the standard is hard to meet.

Workers Under 18

The Pennsylvania Child Labor Act requires a work permit, issued through the minor’s school district, before anyone under 18 can begin working.¹⁰ The permit confirms the minor’s age and that a parent or guardian has consented. Without it, the employment is illegal regardless of the job.

Hour limits are strict and depend on age:

Ages 14 and 15: no more than 18 hours per week when school is in session, and no work past 7:00 p.m. (extended to 9:00 p.m. during school vacations).¹¹
Ages 16 and 17: no more than 28 hours per week during the school year, with somewhat later permissible hours.¹¹

All minors, regardless of age, must receive a 30-minute break after every five consecutive hours of work, and the employer must document them.¹¹ The contrast with adult rules is sharper than people realize: adults get no guaranteed break, minors always do. Minors under 14 generally cannot work at all, with narrow exceptions for newspaper delivery, caddying, and work on a family farm.

Child Labor Act penalties reach $500 for a first offense and $1,500 for later infractions, assessed per violation. An employer running afoul of the rules across multiple minors or multiple pay periods can accumulate exposure quickly.

Employee or Independent Contractor

Pennsylvania presumes a worker performing services for pay is an employee unless the hiring party proves otherwise. Two conditions must both be met for independent contractor status: the worker is free from the employer’s control over how the work is performed, and the worker is engaged in an independently established trade, occupation, or business.¹² Fail either prong and the worker is an employee for unemployment compensation, workers’ compensation, and wage law purposes.

Construction has stricter rules. The Construction Workplace Misclassification Act (Act 72) adds requirements on top of the general test: a written contract and genuine business independence shown through factors like owning tools, maintaining a separate business location, and carrying at least $50,000 in liability insurance.¹²

Civil penalties for misclassification run up to $1,000 per worker for first violations and $2,500 per worker for repeat offenses.¹³ On top of the fines, the employer becomes liable for back unemployment and workers’ compensation contributions, potentially stretching back several years. Willful misclassification can trigger criminal charges.

If You’re Injured at Work

Nearly every employer in Pennsylvania must carry workers’ compensation insurance, through the State Workers’ Insurance Fund, a private carrier, or an approved self-insurance program.¹⁴ Exceptions are narrow: domestic service workers are excluded unless the employer opts in, and certain commission-only real estate and insurance agents who qualify as independent contractors are also exempt.

The reporting deadlines matter more than most workers realize. Notify your employer within 21 days of the injury and benefits run retroactive to the date of the incident. Notice after 21 days but within 120 days preserves the claim, but benefits may only run from the date notice was given. Miss the 120-day mark and you can lose workers’ compensation benefits entirely, unless the employer already knew about the injury.¹⁵

Operating without coverage is costly. A misdemeanor conviction brings a $2,500 fine and up to one year in prison for each day without coverage. Intentional violations escalate to a felony carrying up to $15,000 and seven years of imprisonment per day of noncompliance.¹⁶ An uninsured employer is also exposed to direct lawsuits from injured workers, who can seek damages beyond the amounts normally available under workers’ compensation.

If You Lose Your Job

Workers who lose their jobs through no fault of their own may qualify for unemployment benefits administered by the Department of Labor & Industry. Eligibility generally requires at least 18 credit weeks during your base year, with a credit week being any week you earned $116 or more, and at least 37% of your total base-year wages must come from quarters other than your highest-earning one.¹⁷

The maximum weekly benefit amount is $605,¹⁸ with the actual amount tied to your earnings history. After filing an initial claim you must file a weekly certification for every week you want benefits, even while waiting on an eligibility decision. Starting the third week, you must apply for at least two jobs and complete one work search activity per week.¹⁷

Workers fired for willful misconduct or who quit without a compelling reason are generally disqualified. “Compelling reason” is a legal standard, not an emotional one. Disliking the job or the manager won’t qualify. Unsafe working conditions, a significant pay reduction, or documented harassment might.

Leave You May or May Not Get

Pennsylvania has no statewide paid sick leave mandate. Whether you accrue paid sick days depends entirely on your employer’s policy or your employment contract. Philadelphia is the exception: employers with 10 or more employees must provide at least one hour of paid sick time for every 40 hours worked, up to 40 hours per calendar year, and smaller Philadelphia employers must provide unpaid sick time on the same accrual schedule.¹⁹ Pittsburgh attempted a similar ordinance, though its implementation has faced legal challenges.

Employers cannot fire, threaten, or strip seniority from an employee who responds to a jury summons or serves on a jury, but they are not required to pay you for the time missed. Retaliation is a summary offense, and the employee can sue to recover lost wages and attorney’s fees. The protection has exemptions: retail and service businesses with fewer than 15 employees, and manufacturers with fewer than 40 employees, are not covered.²⁰

Pennsylvania’s Whistleblower Law protects public-sector employees (state and local government workers and employees of publicly funded organizations) from retaliation for good-faith reports of waste, fraud, or abuse, or for participating in an official investigation or hearing. Employers cannot discharge, threaten, or discriminate against these workers in pay, conditions, or benefits.²¹ Private-sector employees do not benefit from this particular statute, though they may have protections under federal whistleblower laws or common-law wrongful discharge claims depending on the circumstances.

Discrimination and Firing

Pennsylvania is an at-will employment state. Either side can end the relationship at any time, for any reason or no reason, without advance notice. That default has firm boundaries.

The Pennsylvania Human Relations Act prohibits employment discrimination based on race, color, religious creed, ancestry, age, sex, national origin, and disability. It also protects employees who use guide or support animals due to blindness, deafness, or physical disability. As of late 2025, the definition of “race” was expanded to include traits historically associated with race, such as hair texture and protective hairstyles like locs, braids, and twists. “Religious creed” now explicitly covers head coverings and religiously associated hairstyles.²²

Firing someone for exercising a legal right also sits outside the at-will doctrine. An employer who terminates a worker for filing a workers’ compensation claim, refusing to commit an illegal act, or reporting safety violations can face a wrongful discharge lawsuit. These claims rest on Pennsylvania’s public policy exception to at-will employment, which courts have recognized for decades.

Non-Compete Agreements

Pennsylvania has no comprehensive non-compete statute. Courts evaluate these agreements under a common-law framework with three requirements: tied to a legitimate employment relationship, supported by adequate consideration, and reasonably necessary to protect a legitimate business interest such as trade secrets or customer relationships. General skills and industry knowledge you picked up on the job are not protectable interests.

Timing matters. Sign a non-compete when first hired and the job itself counts as consideration. If an employer asks you to sign one after you have already been working there, they need to offer something new in return, like a raise or promotion. Without that, the agreement may be void. Courts look skeptically at restrictions lasting longer than two years or covering geographic areas where the employer does not actually operate. A judge can strike overbroad provisions but will not rewrite the agreement, so a poorly drafted non-compete can collapse entirely.

1
New York Codes, Rules and Regulations. Pennsylvania Code 43 P.S. 333.104 – Minimum Wages
2
Commonwealth of Pennsylvania. PA House Passes Bill to Increase Minimum Wage Following Gov. Shapiro Proposal
3
Commonwealth of Pennsylvania. Overtime and Tipped Worker Rules in PA
4
U.S. Department of Labor. Earnings Thresholds for the Executive, Administrative, and Professional Exemption
5
Pennsylvania General Assembly. Wage Payment and Collection Law
6
Legal Information Institute. 34 Pa. Code 9.1 – Authorized Deductions
7
Legal Information Institute. 34 Pa. Code 63.64 – Records to Be Kept by Employer
8
Department of Labor and Industry. Wage FAQs – Section: What is the Law Regarding Breaks and Meal Periods?
9
U.S. Department of Labor. FLSA Protections to Pump at Work
10
Commonwealth of Pennsylvania. Employment of Minors Child Labor Act
11
Pennsylvania General Assembly. Pennsylvania Code 43 P.S. 40.3 – Time Limitations on Employment of Minors
12
Department of Labor and Industry. Employee or Independent Contractor
13
Commonwealth of Pennsylvania. Misclassified Workers
14
Pennsylvania General Assembly. Workers Compensation Act – Chapter 3
15
Commonwealth of Pennsylvania. Reporting an Injury or Occupational Disease
16
Pennsylvania Department of Labor and Industry. Workers Compensation Employer Information
17
Department of Labor and Industry. Eligibility Information
18
Commonwealth of Pennsylvania. Weekly Benefit Rate FAQs
19
City of Philadelphia. Philadelphia Code 9-4104 – Accrual of Paid Sick Time
20
Pennsylvania General Assembly. Pennsylvania Code Title 42 Chapter 45 – Section 4563 Protection of Employment of Petit and Grand Jurors
21
Commonwealth of Pennsylvania. Whistleblower Law
22
Pennsylvania General Assembly. Pennsylvania Human Relations Act