Pennsylvania Overtime Calculator — Act 102 + weekly OT

Frequently Asked Questions

• What are Pennsylvania's overtime laws in 2026?

  Pennsylvania requires 1.5× the regular hourly rate for all hours worked beyond 40 in a workweek, matching the federal FLSA floor. Unlike California, Pennsylvania has no daily overtime rule. Additionally, Act 102 (effective July 1, 2009) prohibits health care facilities from mandating overtime beyond agreed scheduled shifts for direct care workers, except in genuine emergencies.

• Does Pennsylvania have daily overtime like California?

  No. Pennsylvania does not require daily overtime. The overtime threshold is purely weekly: 40 hours per workweek. California requires overtime after 8 hours in a single day and double-time after 12 hours per day — Pennsylvania has no equivalent rule for non-healthcare workers.

• What is Pennsylvania Act 102 and who is covered?

  Act 102 of 2008 (effective July 1, 2009) prohibits health care facilities from requiring direct care workers to work beyond their agreed, predetermined, regularly scheduled work shifts. Covered facilities include hospitals, nursing homes, ambulatory surgical centers, hospices, and drug/alcohol treatment facilities. Covered workers include nurses, CNAs, respiratory therapists, and other clinical direct care staff. Physicians, dentists, physician assistants, and support staff (clerical, food service, maintenance, environmental services) are excluded.

• When can a Pennsylvania healthcare employer require overtime under Act 102?

  Act 102 permits mandatory overtime only in three situations: (1) declared disasters or unforeseeable emergency situations, (2) unexpected last-minute employee absences that could not be planned for and would endanger patient safety, and (3) completing ongoing direct patient care when the worker's departure mid-procedure would harm the patient. Chronic understaffing and routine scheduling failures do not qualify as emergencies under Act 102.

• What are the penalties for violating Act 102 in Pennsylvania?

  The Pennsylvania Bureau of Labor Law Compliance enforces Act 102 with administrative fines ranging from $100 to $1,000 per violation. The Bureau may also issue corrective orders requiring specific scheduling changes. Repeat violations can result in escalating fines within that range.

• Can my Pennsylvania employer classify me as salaried to avoid overtime?

  Only if you meet all three prongs of the EAP (executive, administrative, or professional) exemption: (1) your primary duties are genuinely executive, administrative, or professional in nature, (2) you are paid on a true salary basis, and (3) your salary is at least $684 per week (federal threshold, as of 2026). If any prong fails — including the salary amount — you are entitled to overtime regardless of your job title.

• How is overtime calculated for salaried non-exempt employees in Pennsylvania?

  For salaried employees who do not qualify for an exemption, Pennsylvania follows the federal 'half-time' method for fixed weekly salary workers: divide the weekly salary by 40 to get the regular rate, then pay an additional 0.5× (half) that rate for each overtime hour. The regular salary already covers the straight-time portion. Example: $800/week salary, 48 hours worked → regular rate = $20/hr; overtime premium = 8 × $10 = $80 extra for that week.

• What is the healthcare 8-and-80 rule in Pennsylvania?

  Under federal FLSA §207(j), which Pennsylvania adopts, a health care employer and employee can agree in advance to a 14-day work period instead of the standard 7-day workweek. Under this arrangement, overtime is owed for any hours over 8 in a single day or over 80 in the 14-day period, whichever yields more overtime pay. The agreement must be made before the work is performed — it cannot be applied retroactively.

• How long does a Pennsylvania employer have to pay overtime wages?

  Overtime must be included in the next regular paycheck for the pay period in which it was earned. If an employer fails to pay overtime, employees can file a claim with the PA Bureau of Labor Law Compliance (3-year statute of limitations under the PA Minimum Wage Act) or a federal claim under FLSA (2 years, or 3 years for willful violations). Both remedies may be pursued simultaneously in some circumstances.