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Last updated on: February 2nd, 2024
Hours & Pay Regulations
Normal Working Hours
An employee shall not work more than 8 hours a day or 40 hours weekly (exclusive Overtime).
Work Week – Any consecutive seven-day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, 7 consecutive 24-hour periods, and is typically established by the employer. Hours worked in two or more workweeks shall not be averaged for the computation of overtime.
Workday – Any consecutive 24-hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible work shift scheduling.
Under state law, hours worked include the time when an employee is required by the employer to be on the premises of the employer, to be on duty, or to be at the prescribed workplace; and time spent traveling as part of the duties of an employee during normal working hours. PA Title 34 Section § 231.43.
Travel Time – Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer’s establishment to clock in, load up, etc. If an employee leaves directly from home to the job site or vice versa it is not paid time.
Recording Requirement – Each employer shall keep clear, accurate, and complete employment and payroll records for a minimum of 2 years. The records must contain the following information on each worker,
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- Social Security number, full name;
- Wage rate (hourly, daily or piece rate, weekly, monthly or annual salary);
- Total remuneration paid for each pay period by type of payment (cash and fair market value of non-cash remuneration);
- Traveling or other business expenses incurred and accounted for, and the dates such expenses were incurred and were paid by the employer;
- Place of employment;
- All scheduled hours and hours worked;
- Daily attendance record, showing the dates on which the worker worked, and time lost due to reasons other than lack of work;
- If separated, the date and the reasons for separation;
- Number of credits weeks;
- Any contract between the employer and the employee.
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PA Title 34 Section 63.64.
Overtime
Any work performed beyond 8 hours in a day or 40 hours in a week is considered overtime work.
Pay – An employee is entitled to premium pay at the rate of 1.5 times their regular rate for all hours worked excess in a workweek. PA Title 34 Section § 23.41.
Breaks
Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work 5 or more consecutive hours.
Employers are not required to give breaks for employees 18 and over. If the employer allows breaks lasting less than 20 minutes, they are paid breaks.
If the employer allows a meal break of 30 minutes and the employee is completely relieved of all duties, then the employer does not have to pay for the meal break. A collective bargaining agreement between employer and employee may also regulate more beneficial terms.
Public Holidays
Private employers in Pennsylvania are not required to close on any of the listed holidays. Additionally, private employers are not required to allow employees to take either paid or unpaid time off on the holidays nor are they required to pay employees any premium wage rates to employees who work on the holidays.
Private employers may establish policies or practices granting employees time off on any of the listed holidays or agree to pay premium wage rates to employees who work on those days. Employers who establish such policies or practices may be required to comply with them.
Pay– There is no entitlement to holiday pay as per law. An employee may be entitled to premium pay as per the employment agreement between employer and employee. If a holiday provided by the employer by way of an employment contract falls on a Sunday, it is observed on the following Monday. PA Statute 44.2.16(a).
Annual Leave
In Pennsylvania, employers are not required to provide employees with vacation benefits, either paid or unpaid.
If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. PA Statute 43:260.2a.
Special Leave
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- Victims of a crime; or
- Witnesses to a crime; or
- Members of a crime victim’s family.
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An employee is entitled to unpaid leave for Volunteer Emergency Responder Leave. Employers must allow employees who are volunteer firefighters, volunteer fire police officers, or volunteer members of an ambulance service or rescue squad to be late for or absent from work if they responded to an emergency before their work day started if certification requirements are met.
An employee is entitled to 5 working days for organ or bone marrow donation.
The term does not include a period during which an employee utilizes any annual leave or sick days that the employee has been given by the employer. Act of Oct. 31, 2014, P.L. 2925, No. 193, Section 1801, 1802
An employee is entitled to unpaid Jury Leave. An employee has the right to take time off work, without fear of retaliation, for the civic responsibility of serving on a jury. Employers may not threaten or coerce employees who are called to jury duty, nor may they take away the benefits or seniority of any employee based on jury service.
All employers must allow employees to take time off to serve on a jury, except for retail and service employers with fewer than 15 employees and manufacturing employers with fewer than 40 employees. If an employer is not covered by these laws, the court must automatically excuse the employee from jury duty. PA Statute, Title 42 section 4563
An employee i entitled to unpaid military leave if they enlists or is drafted during a time of war or emergency called by the president or governor, along with members of the reserve or the Pennsylvania National Guard who are called to active duty.
Employees are entitled to 30 days of continued health insurance benefits at no cost. Upon return from military duty, employees are entitled to reinstatement to their same position or a similar one, with the same status, pay, and seniority. Employers may not fire or discriminate against any employee based on military service or membership in the armed forces.
An employee is entitled to unpaid leave in a situation where a State Emergency is declared. Employers cannot terminate or discipline an employee for failing to report to work because of a road closure in the county where the employee lives or works due to a state of emergency declared by the governor.
An employee is entitled to unpaid Pregnancy Disability Leave as per their employment agreement.
Nondiscrimination requirements apply to employers with four or more employees. Female employees of covered employers who are affected by childbirth or related medical conditions must be treated the same for all employment-related purposes as other persons not affected by pregnancy, but similar in their ability or inability to work. 16 Pa. Code § 41.103.
An employee is entitled to unpaid Childcare Leave as per their employment agreement. Child care leave, which includes birth and adoption, must be provided equally to both male and female employees.
Nondiscrimination requirements apply to employers with four or more employees. Female employees of covered employers who are affected by childbirth or related medical conditions must be treated the same for all employment-related purposes as other persons not affected by pregnancy, but similar in their ability or inability to work. 16 Pa. Code § 41.104.
