Pennsylvania Employment Law — full calculator

Frequently Asked Questions

• What are Pennsylvania's overtime rules in 2026?

  Pennsylvania requires employers to pay 1.5× the regular hourly rate for all hours worked beyond 40 in a workweek, matching the federal FLSA floor. Additionally, Act 102 (effective July 1, 2009) prohibits health care facilities from requiring direct care workers to work beyond their agreed, predetermined scheduled shifts, except in genuine emergencies. The federal EAP salary exemption threshold of $684/week applies in Pennsylvania as of 2026.

• When must a Pennsylvania employer pay a final paycheck?

  Under Pennsylvania's Wage Payment and Collection Law (WPCL), all earned wages must be paid by the next regularly scheduled payday after separation — whether the worker was fired, laid off, or resigned. If wages remain unpaid 30 days past that payday, the employer owes an additional 25% of the unpaid wages or $500, whichever is greater.

• Are non-compete agreements enforceable in Pennsylvania?

  Yes, Pennsylvania enforces non-compete agreements under common law, but courts scrutinize them strictly. To be enforceable, the agreement must be supported by adequate consideration, have a reasonable geographic scope and duration, and protect a legitimate business interest. Pennsylvania's Act 74 of 2024 (effective January 1, 2025) adds a statutory cap for healthcare practitioners: non-competes cannot exceed 1 year and are void if the worker is dismissed by the employer.

• Does Pennsylvania require meal and rest breaks for employees?

  Pennsylvania does not require meal or rest breaks for adult employees, mirroring the FLSA's silence on this topic. However, workers under age 18 must receive a 30-minute uninterrupted, duty-free meal break when working 5 or more consecutive hours. Seasonal farmworkers are also entitled to a 30-minute break after 5 hours. If an employer voluntarily provides rest breaks of fewer than 20 minutes, those must be paid under federal rules.

• What is Pennsylvania's minimum wage for tipped employees in 2026?

  Pennsylvania tipped employees must receive a cash wage of at least $2.83 per hour — higher than the federal FLSA floor of $2.13/hr. The maximum tip credit employers can claim is $4.42/hr, and the total compensation (cash wages plus tips) must reach at least $7.25/hr in every workweek. Workers must earn at least $135 per month in tips to qualify as tipped employees under Pennsylvania law (versus $30/month under FLSA).

• What is Act 102 and how does it affect healthcare workers in Pennsylvania?

  Pennsylvania Act 102, effective July 1, 2009, prohibits health care facilities (hospitals, nursing homes, ambulatory surgical centers, hospices, and drug/alcohol treatment facilities) from requiring direct patient care workers to work beyond their agreed, predetermined scheduled shifts. The three permitted exceptions are: declared disasters/unforeseeable emergencies, unexpected last-minute absences endangering patient safety, and completing ongoing patient care. Chronic understaffing does not qualify. Violations carry fines of $100–$1,000 per violation.

• What is the penalty for late final paycheck payment in Pennsylvania?

  Under the Pennsylvania WPCL, if wages remain unpaid 30 days after the regular payday deadline, the employer automatically owes 25% of the unpaid wages or $500 — whichever is greater. This penalty is applied without any requirement to prove bad faith or willful nonpayment. Employees can file claims with the PA Bureau of Labor Law Compliance (1-800-932-0665) within 2 years of the unpaid work.

• What is Pennsylvania's standard minimum wage in 2026?

  Pennsylvania's standard minimum wage is $7.25 per hour as of 2026, equal to the federal FLSA floor. There are no scheduled increases at the state level in 2026. However, Philadelphia and Pittsburgh have higher local minimum wage requirements — workers in those cities should check applicable local ordinances.

• Does Pennsylvania require sick leave?

  Pennsylvania does not have a statewide mandatory sick leave law for private employers. However, local ordinances apply in certain cities: Philadelphia requires up to 80 hours of paid sick leave per year for employers with 50 or more employees (POWER Act, amended May 2025). Pittsburgh requires 72 hours of paid sick leave per year for employers with 15 or more employees and 48 hours for smaller employers, effective January 1, 2026, with accrual at 1 hour per 30 hours worked.

• What are the EAP exemption requirements for overtime in Pennsylvania?

  To be exempt from overtime under the executive, administrative, or professional (EAP) exemption, a Pennsylvania employee must: (1) primarily perform executive, administrative, or professional duties, (2) be paid on a salary basis, and (3) earn at least $684 per week (the federal threshold, as of 2026). All three conditions must be met. If any prong fails, the employee is entitled to overtime pay regardless of job title or seniority.