Who is Entitled to Overtime Pay in Pennsylvania?

Hourly wage earners are generally entitled to overtime pay when their work hours exceed the set limits in the State of Pennsylvania. This is mandated by both state and federal law. Knowing what you’re entitled to in terms of your wages is essential to ensuring that you’re being paid fairly, and an experienced employment law attorney at Mette Law in Harrisburg, PA, can help.

The Basics

Generally, if you are paid by the hour, you are entitled to overtime pay if you exceed the 40 hour weekly limit. This amounts to one and a half times your hourly wage for every hour over 40 that you put in during any given workweek.

Pennsylvania operates on a weekly schedule when it comes to overtime. This means that working more than 40 hours in a week entitles you to overtime, but putting in more than eight hours on any given day does not.

It should also be noted that, even if you are paid every two weeks, the overtime requirement applies to the hours you work per week. For example, if you put in 50 hours one week and 30 the next, your total is 80 hours, but you are entitled to 10 hours of overtime. This is for the 10 extra hours you put in during the first week.

Exempt Employees

Exempt employees are those employees who are exempt from overtime. Just because your employer classifies you as exempt, however, does not necessarily mean that you are. To qualify as exempt in Pennsylvania, both the following must apply:

• Your annual income exceeds the threshold set by the state, which is currently $35,568.
• You work in an exempt role, which includes an executive, administrative, professional, or outside sales position, and the job you perform aligns with this classification.

Your job title alone doesn’t determine whether you have exemption status. Instead, the work you do daily must reflect the responsibilities associated with the title. This includes duties such as making decisions independently, managing staff members, or taking on a supervisory role.

The most important takeaway here is that not all salaried employees are exempt employees. Unfortunately, however, too many employers would like their employees to believe otherwise.

A Note about Tipped Employees

Tipped employees face wage problems of their own. Pennsylvania has specific tipped worker laws in place that are designed to help protect employees who rely on tips to augment their pay.

Employers can only take a tip credit on their tipped employees if the employees make at least $135 a week in tips. Additionally, the tip credit only applies if the employee spends no more than 20 percent of their work hours on duties that do not generate tips, which is known as the 80/20 rule.

It’s also the employer’s responsibility to ensure that the employee’s base hourly wage plus tips adds up to at least $7.25 per hour. Finally, tipped employees are generally entitled to overtime pay if they put in more than 40 hours in a week.

Speak to an Experienced Employment Law Lawyer Today

The well-respected Harrisburg employment law attorneys at Mette Attorneys at Law understand how vital overtime can be to your bottom line, and we will do what it takes to help ensure you are compensated fairly. Learn more by contacting us online or calling us at 717-232-5000 today.