Pennsylvania Payroll Laws (2023 Guide For Employers)
How much do you know about Pennsylvania payroll laws?
This guide will break down the following questions about Pennsylvania payroll laws:
- What is the Pennsylvania minimum wage?
- How does sick leave work in Pennsylvania?
- What is the Pennsylvania Wage Payment and Collection Law (WPCL)?
- Do you get paid during jury duty in Pennsylvania?
- How do final paychecks work in Pennsylvania?
- What is the Fair Labor Standards Act (FLSA)?
Without wasting any time, let’s answer these questions.
Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on Pennsylvania payroll laws.
Pennsylvania Employment Laws (Key Areas)
Minimum Wage in Pennsylvania
In Pennsylvania, the minimum wage rate is set to match the federal minimum wage, which is currently $7.25 per hour.
This minimum wage applies to both tipped employees and non-tipped employees.
However, tipped employees may be paid a lower cash wage, provided their tips make up the difference between their cash wage and the minimum wage.
Exemptions & Employment Law
Certain employees may be exempt from Pennsylvania minimum wage and overtime pay requirements under state and federal law, such as independent contractors, certain agricultural workers, and employees covered by a collective bargaining agreement or employment contract with different wage provisions.
It is essential to consult an employment law attorney to determine if any exemptions apply to your specific situation.
Child Labor & Minors in the Workplace
Pennsylvania labor laws regarding minors aim to protect their welfare and ensure they are not exploited in the workplace.
The state’s child labor provisions limit the number of hours and times of day minors may work, as well as the types of jobs they may perform.
Minors under 14 are generally prohibited from working, except for certain exceptions, such as newspaper delivery or casual work on a family farm.
Pennsylvania Hour Laws & Workweek Regulations
The Fair Labor Standards Act (FLSA) sets the federal guidelines for hours of work, including overtime pay.
Under Pennsylvania law, non-exempt employees who work more than 40 hours in a workweek must receive overtime pay at a rate of one-and-a-half times their regular rate of pay.
Employers must also provide meal periods and rest breaks for employees, depending on the consecutive hours worked.
Wage Payment & Collection in Pennsylvania
Under the Pennsylvania Wage Payment and Collection Law (WPCL), employers must establish regular paydays and notify employees of their pay schedules.
Employers must also provide employees with a written notice of their rate of pay and fringe benefits at the time of hire.
If an employer fails to pay an employee’s wages on their regular payday or within the required timeframe after termination, the employee may file a claim with the Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance.
Family & Medical Leave Act (FMLA) & Time Off
The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons.
Under the FMLA, qualified employees working for covered private employers and public agencies may take up to 12 weeks of leave within a 12-month period for reasons such as the birth or adoption of a child, a serious health condition, or caring for an immediate family member with a serious health condition.
Pennsylvania state law does not provide additional family and medical leave benefits beyond those offered under the FMLA.
Pennsylvania Sick Leave & Employee Benefits
While Pennsylvania labor laws do not specifically require employers to provide paid or unpaid sick leave, many employers choose to offer this benefit for the well-being and retention of their employees.
Employers who choose to provide sick leave should clearly outline their policies regarding accrual, usage, and carryover of leave in an employee handbook or other written documentation.
Workers’ Compensation & Employee Protection
Workers’ compensation is a state-mandated insurance program that provides financial assistance to employees who suffer work-related injuries or illnesses.
In Pennsylvania, employers are required to carry workers’ compensation insurance for the benefit of their employees.
The Pennsylvania Department of Labor and Industry oversees the workers’ compensation program, ensuring that injured workers receive appropriate medical treatment and compensation for lost wages due to work-related injuries.
Jury Duty in Pennsylvania
Pennsylvania employers are required to provide unpaid time off for employees summoned for jury duty, without fear of retaliation or termination.
Employers must allow employees to return to their jobs after completing jury service, without loss of seniority or benefits.
Pennsylvania Child Labor Regulations
Pennsylvania labor laws regulate the hours and days minors are allowed to work, especially during the school year.
Minors are prohibited from working during school hours unless they have obtained a valid work permit and are participating in a school-approved work program.
Pennsylvania Payroll Laws (Closing Thoughts)
We hope this article has provided you with a broad overview of payroll and labor laws in Pennsylvania.
When you have a solid understanding of how these laws and regulations work, you can navigate the workplace effectively and focus on staying productive.
Whether you are an employee or employer, it’s critical to know about Pennsylvania payroll and employment laws.
Disclaimer: Not Legal Advice
This blog post provides a general overview of Pennsylvania labor laws but does not constitute legal advice.
Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations.
Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.
If you have any questions about your rights or obligations as an employer or employee in Pennsylvania, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation.
By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.
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