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Home > State Law Articles > Pennsylvania > Wage & Hour (PA)

Articles Discussing Pennsylvania Wage & Hour Laws.

Pennsylvania Adopts New Rules for Tipped Workers and Salaried Employees Who Work a Fluctuating Week to Ensure Proper Compensation for Overtime

August 24, 2022 | Goldberg Segalla Filed Under: Wage & Hour (PA)

On August 5, 2022, prior legislation signed by Gov. Wolf took effect, providing more protections to Pennsylvania workers. Specifically, it includes amendments to the Pennsylvania Minimum Wage Act at 34 Pa. Code Chapter 231.

August 2022 Updates to Pennsylvania’s Overtime Rules for Salaried Nonexempt Employees

August 5, 2022 | Ogletree Deakins Filed Under: Wage & Hour (PA)

On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect.

Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

August 1, 2022 | Jackson Lewis Filed Under: Wage & Hour (PA)

Jackson Lewis

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022.

Pennsylvania Regulatory Commission Approves Expansive Tipped Employee Regulations

March 29, 2022 | Jackson Lewis Filed Under: Wage & Hour (PA)

Jackson Lewis

Bucking the standard that has existed under federal law and in most states for decades, tipped employees in Pennsylvania soon will have to earn more than four times as much in tips before their employers may take a tip credit and pay those employees less than the standard minimum wage.

Pennsylvania Agency Adopts New Rule on Tipped Workers and Calculating Overtime for Nonexempt Salaried Workers

February 25, 2022 | Littler Filed Under: Wage & Hour (PA)

Littler

Last fall, the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to update regulations regarding two distinct issues under the Pennsylvania Minimum Wage Act (PMWA): payment of wages to tipped workers and calculating overtime for salaried nonexempt employees. DLI received 273 comments to its proposed rule,

Pennsylvania Governor Repeals New Overtime Rules as Part of Budget Deal

July 30, 2021 | Ogletree Deakins Filed Under: Wage & Hour (PA)

On June 30, 2021, Pennsylvania Governor Tom Wolf signed an approximately $40 billion state budget package. In exchange for increased funding for public schools in the state budget, Governor Wolf agreed to repeal Pennsylvania’s new overtime regulations, which were set to increase the minimum salary that employers must pay to

Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA Standards

July 13, 2021 | Littler Filed Under: Wage & Hour (PA)

Littler

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive, administrative and professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA). Notably, the compromise did not just

Pennsylvania’s New Overtime Salary Thresholds Take Effect

October 13, 2020 | Ogletree Deakins Filed Under: Wage & Hour (PA)

The Pennsylvania Department of Labor and Industry’s (DLI) amendments to the regulations that exempt executive, administrative, and professional (so-called “white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968 (PMWA) went into effect on October 3, 2020. The amended regulations were originally approved on January

Pennsylvania Expands Overtime Pay Beyond Federal Thresholds

October 6, 2020 | Jackson Lewis Filed Under: Wage & Hour (PA)

Jackson Lewis

This past weekend, Governor Tom Wolf’s new legislation went into effect, expanding Pennsylvania’s Minimum Wage Act (MWA) regulating overtime pay.  The legislation increases the minimum salary an employee can earn and still be eligible for overtime. 

Pennsylvania Rule Increasing White Collar Exemption Salary Threshold Takes Effect

October 6, 2020 | Littler Filed Under: Wage & Hour (PA)

Littler

The Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA). The regulation increases the EAP salary threshold under Pennsylvania law to:

Fluctuating Workweek Pay Method Not Available in Pennsylvania, State Supreme Court Holds

November 25, 2019 | Jackson Lewis Filed Under: Wage & Hour (PA)

Jackson Lewis

In a long-awaited decision, the Pennsylvania Supreme Court has concluded that the fluctuating workweek (FWW) pay method is not a proper method of overtime pay calculation under the Pennsylvania Minimum Wage Act (PMWA). Chevalier v. General Nutrition Centers, Inc., 2019 Pa. LEXIS 6521 (Nov. 20, 2019). As a result, the Court affirmed the decisions of the trial court and intermediate appellate court that a class of former non-exempt, store-level managers for General Nutrition Centers were not sufficiently paid for all of the overtime hours that they worked.

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

October 17, 2019 | Littler Filed Under: Wage & Hour (PA)

Littler

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:

Pennsylvania Commission Comments on Proposed Amendments to the Commonwealth’s White Collar Exemption Regulations

October 2, 2018 | Littler Filed Under: Wage & Hour (PA)

Littler

In June, we reported that the Pennsylvania Department of Labor and Industry (DLI) submitted to the Pennsylvania Independent Regulatory Review Commission (IRRC) a proposed rulemaking package that seeks to update the Executive, Administrative and Professional (EAP) exemptions to the Pennsylvania Minimum Wage Act’s (PMWA) overtime requirements. Among other things, the proposed changes would significantly increase the salary threshold required to meet the exemptions, automatically increase the salary threshold every three years, and change certain elements of the duties tests. As part of the rulemaking process, DLI requested comments on its proposed rulemaking from the public, members of the legislature, and IRRC.

New Pennsylvania Legislation Allows Payment of Wages by Payroll Debit Cards

November 29, 2016 | Jackson Lewis Filed Under: Wage & Hour (PA)

Jackson Lewis

Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days following the signing, on May 4, 2017.

New Pennsylvania Law Clarifies the Use of Payroll Debit Cards

November 10, 2016 | Littler Filed Under: Wage & Hour (PA)

Littler

On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and makes explicit that the use of payroll debit cards is permissible under the law of Pennsylvania, provided the employer and the bank issuing the payroll debit card comply with certain prerequisites.

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