Have you been the victim of a wage or hour violation? If you are wondering what a wage or hour violation is, this article if for you! Wage and hour violations are common, and many people do not understand that they have not been paid what they are entitled to under the law and are due more compensation.
So, what are wage and hour violations and how can you know if they apply to you? The law requires employees be paid a minimum wage and receive overtime if they are not an exempt employee. If you have not been getting paid minimum wage or have not received overtime, then you may be entitled to compensation.
This article answers the questions you want to know about Pennsylvania hour and wage laws.
1. What is the Minimum Wage in Pennsylvania?
The minimum wage in Pennsylvania is $7.25 per hour.
2. What is the Law Regarding Overtime?
Most employees in Pennsylvania deserve overtime compensation for any time they worked over 40 straight time hours in a week. Overtime is calculated at 1.5 times the employees’ straight hourly rate. Receiving time off in exchange for overtime work is not legal. However, if you are an exempt employee, you are not entitled to overtime.
3. How Do I Know If I am an Exempt Employee?
In general, exempt employees are executive, administrative, professional employees, outside sales and supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime. If you have a question about whether you are an exempt employee, it is best to consult a lawyer.
4. I receive a salary, does that mean I am not entitled to overtime?
Just because you receive a salary does not mean you are not entitled to receive overtime. Your job duties and any employment contract you may have will determine if you are eligible for overtime.
5. Do I Have to Work Overtime if I Don’t Want To?
Your employer may require you to work overtime. You can be disciplined or fired if you refuse to work overtime. Remember, though, that if you are part of a collective bargaining agreement, the agreement will govern this issue.
6. Am I entitled to Sick Leave? Vacation Pay? Severance Pay?
There is no Pennsylvania labor law which requires an employer pay an employee sick leave, vacation pay, or severance pay. If your employer has a policy to provide these benefits, the employer must follow its own rules for these kinds of payments. There may also be federal requirements governing leave that have to be provided under the Americans with Disabilities Act and Family Medical Leave Act. There may be additional requirements if you work within the City of Philadelphia requiring sick leave, vacation leave, and severance pay.
7. What is the Law Regarding Breaks and Meal Periods?
Minors between ages 14-17 who work five or more consecutive hours are required to have 30-minute break periods. However, employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts over 20 minutes.
8. My Paycheck has more money taken out this week than last week? Why?
Normal tax deductions (city, state, federal) come out of your paycheck. Garnishments like child support may come out of your paycheck. Additionally, if you have borrowed money from a third party, you can give the employer written permission to deduct payments from your earnings. If your employer has loaned you funds, it can deduct the amount from your earnings if you have given written authorization.
Have you been working overtime and not getting paid for it? Do you think your employer has not paid you the money you are entitled? At the Law Offices of Thomas More Holland we are here to help. Call us at 215-592-8080 for a FREE consultation.
THIS INFORMATION IS NOT INTENDED TO BE LEGAL ADVICE. FEDERAL LAW MAY DIFFER FROM STATE LAW. LOCAL CITY, COUNTY AND TOWNSHIP LAWS MAY ALSO APPLY. MANY ISSUES MAY BE SPECIFICALLY ADDRESSED BY COLLECTIVE BARGAINING AGREEMENTS AND PRIVATE CONTRACTS. FOR MORE INFORMATION SEE: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx