What’s New in 2025
- Workers’ compensation enhancements for first responders
- Non-competes banned for healthcare workers
- Legal challenges to the PHRC interpretation of sex
Labor Law Posters
Federal labor law posters
State labor law posters
Wage and Hour Laws
Minimum Wage
Pennsylvania’s state minimum wage is $7.25 per hour, matching the federal minimum wage.
Employers can pay workers younger than 20 a reduced wage of $4.25 per hour during their first 90 days of employment. After 90 days or when the employee turns 20 (whichever comes first), employers must begin paying the full minimum wage of $7.25.
Local governments in Pennsylvania can’t set their own minimum wages.
Tipped Minimum Wage
Tipped workers must be paid at least $2.83 per hour in direct wages, provided that their tips bring them up to the $7.25 minimum. Employers must make up the difference if tips fall short.
To take advantage of the tip credit and offset the minimum wage with earned tips, employers must:
- Let employees keep all tips they earn, unless they form compliant tip pools with coworkers.
- Inform their employees in advance.
Overtime Laws
In Pennsylvania, overtime pay rules closely mirror federal standards under the Fair Labor Standards Act (FLSA). Generally, employers must pay non-exempt workers 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
The state uses the federal definition of “non-exempt” employees: Most salaried workers must earn at least $684 per week and satisfy certain job duties criteria to be considered exempt from overtime pay. However, there are exceptions to these rules, such as for agricultural workers, certain transportation employees, and some seasonal amusement and recreation workers.
Pennsylvania’s Prohibition of Excessive Overtime in Health Care Act gives healthcare employees the right to refuse to work more than their regularly scheduled work shifts. An exception is made for on-call or unforeseeable emergent circumstances.
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Break Laws
Meal and Rest Breaks
Pennsylvania doesn’t require employers to provide meal or rest breaks for adult workers. However, if an employer chooses to offer short rest breaks—typically lasting up to 20 minutes—these must be paid under both state and federal law. Meal periods of 20 minutes or more, if completely relieved of duty, don’t need to be paid.
However, under state law, workers under 18 must receive a 30-minute meal break if they work 5 or more consecutive hours.
Recordkeeping Requirements
Pennsylvania’s recordkeeping requirements align with the federal FLSA. Employers must document the following for each employee:
- Employee’s name and Social Security Number.
- Home address.
- Date of birth (if younger than 19).
- Sex and job title.
- Start time and weekday when the employee’s workweek begins.
- Daily work hours.
- Total weekly work hours.
- Pay basis (e.g., “$9 per hour”, “$440 a week”, “piecework”).
- Regular hourly rate.
- Total straight-time earnings per day or week.
- Total overtime compensation per week.
- All deductions from—or additions to—wages.
- Total wages per pay period.
- Payment date and the pay period covered by the payment.
These records must be kept for at least 3 years and be available for inspection by the Pennsylvania Department of Labor and Industry or the US Department of Labor.
While there are no Pennsylvania-specific exemptions from recordkeeping for most employers, the standard federal exemptions apply, such as for certain small farms, some transportation workers, and specific seasonal amusement and recreation employees.
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Scheduling Laws
Pennsylvania doesn’t have any general predictive scheduling or fair scheduling laws. Employers are generally free to set employee schedules without providing advance notice or paying penalties for last-minute changes.
However, Philadelphia’s Fair Workweek law requires that companies with 250 or more global employees—or 30 or more locations—provide service, retail, and hospitality workers with predictable schedules at least 14 days in advance. Predictability pay is due in case of changes within the 14-day window.
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Employee Compensation and Benefits
Reporting Time Pay
Pennsylvania doesn’t have a specific reporting time pay or “show-up pay” law. If an employee shows up for a shift but is sent home immediately or partway through, they’re entitled only to pay for the time they spent working—not for the full scheduled shift.
Payday Frequency and Method
In Pennsylvania, the payday frequency isn’t set by law. Instead, employers must establish regular paydays and notify employees of them in advance. These regular paydays must be no longer than the “standard time lapse customary in the trade” (such as weekly, biweekly, or monthly).
However, if employers fail to designate a payday in advance, they must pay employees no later than 15 days after the end of the pay period.
Employers in Pennsylvania can use several methods to pay employees, including cash, checks, direct deposit, or payroll cards. However, employees must consent to receiving their pay via direct deposit or payroll card in writing. Direct deposit is permitted if the employee provides written authorization, while payroll cards must meet specific consumer protection standards, ensuring employees can access their wages without excessive fees.
Paystub Requirements
Employers must provide a written statement or pay stub that details the:
- Hours worked.
- Rates of pay.
- Gross wages.
- Deductions.
- Net wages.
Pennsylvania allows electronic paystubs as long as employees have easy access to them and can print or save the statements.
Wage Deductions and Garnishments
In Pennsylvania, employers can make wage deductions if they’re:
- Authorized by law.
- Required by a collective bargaining agreement.
- Specifically authorized in writing by the employee.
Common permitted deductions include taxes, Social Security, contributions to employee benefit plans, and court-ordered garnishments. Other deductions, like for cash shortages or damaged equipment, are allowed only if the employee gives written consent and receives something of equivalent value in exchange for the deduction.
For garnishments, Pennsylvania generally follows federal limits set by the Consumer Credit Protection Act (CCPA). Under federal law, the maximum amount that can be garnished from an employee’s wages is 25% of disposable earnings (the earnings left after legally required deductions) or the amount by which these earnings exceed the federal minimum wage multiplied by 30—whichever is less. However, for certain debts like child support or tax levies, higher garnishment limits may apply.
In Pennsylvania, wage garnishment is limited to 10% of disposable earnings for unpaid rent and state taxes. State law also protects Pennsylvania residents making less than 30 times the federal minimum wage from garnishment for student loans, alimony, or federal taxes. No Pennsylvanian living below the federal poverty line can have their wages garnished for any reason.
Pennsylvania also has specific limits for wage garnishment in cases of consumer debt, which generally protect more of the worker’s wages. For most consumer debts, wages aren’t subject to garnishment at all unless there’s a court judgment and the garnishment is for a few specific types of obligations, like back rent for residential leases.
Final Paycheck Laws
The Pennsylvania Wage Payment and Collection Law requires employers to pay all wages earned by employees who resign or are terminated by their next payday. This includes any wages or fringe benefits that have accrued under an agreement or established policy—like vacation pay if the employer’s policy provides for payout upon separation.
Workers’ Compensation
Pennsylvania’s workers’ compensation (WC) system covers most employees who are injured on the job or develop work-related illnesses. Employers must provide coverage for all workers, including full-time, part-time, and seasonal employees. Agricultural workers and domestic workers are also covered under certain conditions. Independent contractors generally aren’t covered.
Employers in Pennsylvania typically obtain WC insurance through private insurers or the State Workers’ Insurance Fund (SWIF). Some large employers may qualify to self-insure, but they must receive state approval and meet strict financial requirements.
WC benefits in Pennsylvania include:
- Medical care for work-related injuries or illnesses.
- Wage-loss benefits for partial or total disability.
- Specific loss benefits for the permanent loss of use of a body part.
- Death benefits for dependents of workers who die on the job.
Benefits are generally provided regardless of who was at fault for the injury. As of December 28, 2024, the WC system must provide recipients with a direct deposit option.
Employees must report work injuries to their employer within 21 days of the incident to receive retroactive benefits from the date of injury. Failure to report within 120 days generally bars claims. Employers must promptly report work-related injuries to their WC insurer and file a First Report of Injury with the state within 7 days if the injury results in disability lasting more than a day or death.
Starting October 30, 2025, first responders enjoy a lower burden of proof when they file for WC due to post-traumatic stress injuries. On this date, they no longer have to prove that they suffered from “objectively abnormal working conditions” to receive WC.
If there’s a dispute over WC benefits, workers or employers can file a petition with the Pennsylvania Bureau of Workers’ Compensation. Cases are typically handled by a WC judge who holds hearings and issues decisions. Parties can appeal a judge’s decision to the Workers’ Compensation Appeal Board and then to the Commonwealth Court.
Unemployment Insurance
In Pennsylvania, unemployment compensation (UC) provides temporary financial assistance to eligible workers who lose their jobs through no fault of their own and are actively seeking new employment. To qualify, applicants must:
- Have earned enough wages during a specified base period (the first 4 of the last 4 completed calendar quarters before the claim is filed).
- Be able, available, and actively searching for work.
The amount of benefits depends on the individual’s past earnings, with weekly benefit amounts ranging from $68 to $605 in 2025. Applicants also receive higher benefits if they have dependents. Eligible claimants can typically receive up to 26 weeks of benefits, although the duration may vary if extended benefit programs are in effect during periods of high unemployment.
To apply for unemployment insurance, an individual must file a claim with the Pennsylvania Department of Labor and Industry’s Unemployment Compensation office, usually online through the UC Benefits System. The process involves providing detailed information about work history, earnings, and the reason for separation from the last job. Claimants must also certify each week that they remain unemployed and are actively seeking work.
The Pennsylvania Department of Labor and Industry administers the program, determining eligibility, managing appeals, and disbursing benefits. If there’s a dispute over eligibility or benefits, claimants and employers can file a wage protest, which is reviewed by a UC Referee. Decisions can be appealed to the UC Board of Review and, ultimately, to the Commonwealth Court.
Employers fund Pennsylvania’s UI system through state and federal payroll taxes. They’re also responsible for providing information about former employees’ earnings and reasons for separation when a claim is filed.
Workplace Rights and Protections
Discrimination and Harassment
Pennsylvania law prohibits employment discrimination and harassment based on a range of protected characteristics. These include:
- Race.
- Color.
- Sex.
- Religion.
- National origin.
- Ancestry.
- Age (40 and over).
- Disability.
- Genetic information.
- Use of a guide or support animal.
- Marital status (in certain contexts).
- Status as a certified medical marijuana user.
While sexual orientation and gender identity aren’t explicitly listed in the Pennsylvania Human Relations Act (PHRA), the Pennsylvania Human Relations Commission (PHRC) has interpreted “sex” to include them—an interpretation currently facing legal challenges in the courts.
The PHRA applies to most employers with 4 or more employees, along with labor unions and employment agencies. It supplements federal protections found in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
Employees who believe they’ve been discriminated against or harassed can file a complaint with the PHRC within 180 days of the alleged discrimination. The PHRC investigates these complaints, tries to resolve them through conciliation, and may pursue legal action if needed.
Alternatively, individuals can file with the federal Equal Employment Opportunity Commission (EEOC) within 300 days. Because Pennsylvania is a “deferral state,” complaints filed with the PHRC are generally dual-filed with the EEOC.
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Leave Laws
| ❌ Family and Medical Leave |
Pennsylvania doesn’t have its own family and medical leave law for private sector employees, but most workers in the state are covered by the federal
Family and Medical Leave Act (FMLA).
The FMLA provides up to 12 weeks of unpaid leave per year for certain family and medical reasons, such as:
|
| ❌ Paid Sick Leave | Pennsylvania doesn’t mandate paid sick leave for private sector employees. However, Philadelphia, Allegheny County, and Pittsburgh have local ordinances that require certain employers to provide paid sick leave. |
| ❌ Paid Family Leave | Pennsylvania has no state-level paid family leave laws, but some employees may qualify for unpaid family leave under the FMLA. |
| ❌ Pregnancy and Parental Leave | State employees are entitled to 8 weeks of paternity or maternity leave in Pennsylvania. There’s no state or local-level law mandating pregnancy or parental leave for private-sector employees; however, some employees may be entitled to unpaid leave under the FMLA. |
| ❌ Vacation and Personal Leave | There’s no mandate for vacation or personal leave in Pennsylvania. |
Other Mandatory Leave
| Military Leave | Pennsylvania employers must comply with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects employees’ jobs and benefits while they serve in the military. Under state law, public employees are entitled to 15 days of paid military leave each year, while private sector employees are entitled to unpaid military leave but retain reemployment rights. |
| Jury Duty Leave | When employees are called for jury duty, Pennsylvania law prohibits employers from firing or otherwise penalizing them for serving. Employers aren’t required to pay employees for jury duty, but employees must be allowed to serve without fear of losing their jobs. |
| Witness and Victims of Crime Leave | Pennsylvania law provides unpaid leave for crime victims and their families so they can attend court proceedings. |
| Domestic Violence, Sexual Violence, and Stalking Leave | Philadelphia has a domestic or sexual violence leave law that applies to virtually every employer in the city. Employees must provide 48 hours of notice, unless doing so isn’t possible. Leave may be taken for oneself or to help a family member to:
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| Organ Donor Leave | Pennsylvania’s Living Donor Protection Act qualifies surgery for the purpose of organ donation as a “serious health condition” under the FMLA, thus extending FMLA leave to eligible organ donors. |
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Child Labor Laws
The minimum working age in Pennsylvania is 14 for most jobs. However, minors under 14 can work in certain entertainment roles or deliver newspapers.
Employment certificates are required for all minors under 18 and must be signed by the minor’s parent or guardian and issued by the school district where the minor resides—even if the minor doesn’t attend public school.
Minors under the age of 16 must bring written permission from a parent or guardian to their employers. The document must provide approval of the duties and hours of employment.
Employers must notify the issuing officer who provided their minor employee with a work permit in writing within 5 days of their employment start date. This written notification must describe the minor’s normal duties, employment hours, age, and work permit number.
Then, when the minor employee is separated from payroll, the employer must provide written notification that the minor is no longer an employee.
Employers who employ minors must also display the child labor law abstract poster in a conspicuous place.
All minors must receive a 30-minute meal break if they work 5 or more consecutive hours. Pennsylvania further restricts working hours for minors as follows:
| 14 and 15-year-olds | 16 and 17-year-olds | |
|---|---|---|
| When school is in session |
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| When school isn’t in session |
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Some exceptions apply. Children aged 11 to 14 may work newspaper routes between 5:00 a.m. and 8:00 p.m. when school is in session, and until 9:00 p.m. when school is out. Those who work as sport attendants are exempted from limits on work time and hours.
Moreover, while they still need a work permit, those who have graduated from high school or don’t need to attend for a legally valid reason don’t have to follow the time and hour restrictions.
Prohibited occupations include hazardous jobs like mining, roofing, and working with heavy machinery.
Violations of child labor law can lead to fines and imprisonment.
Workplace Safety and Health
In Pennsylvania, workplace safety and health standards are governed primarily by the federal Occupational Safety and Health Administration (OSHA), as the state doesn’t operate its own OSHA-approved state plan. This means that private-sector workers and employers in Pennsylvania fall under federal OSHA’s jurisdiction for enforcing workplace safety standards, conducting inspections, and investigating complaints.
Employers are responsible for providing a workplace that’s free from recognized hazards and must comply with OSHA’s regulations, such as:
- Providing proper training.
- Maintaining safe equipment.
- Keeping records of workplace injuries and illnesses.
Pennsylvania employers must also comply with OSHA’s recordkeeping and reporting requirements, including reporting any work-related fatalities within 8 hours and in-patient hospitalizations, amputations, or loss of an eye within 24 hours.
Employees have the right to a safe and healthy workplace under OSHA. This includes the right to:
- Receive training in a language they understand.
- Access to records of work-related injuries and illnesses.
- File confidential complaints about unsafe conditions without fear of retaliation.
At the state level, Pennsylvania’s Department of Labor and Industry administers specific safety programs for public sector workers (such as municipal employees and school workers) through the Bureau of Occupational and Industrial Safety (BOIS). The BOIS also sets and enforces standards in areas such as asbestos work, boilers, and construction.
While public employees in Pennsylvania aren’t covered by federal OSHA, the state sets minimum safety standards for them.
Labor Union Regulations
Pennsylvania isn’t a right-to-work state. This means that private sector employers and unions can enter into union security agreements, which require employees in unionized workplaces to either join the union or pay union fees as a condition of employment.
Under the federal National Labor Relations Act (NLRA), employees have the right to organize, join, or assist labor unions and to engage in collective bargaining. These rights also include the ability to refrain from joining a union—although employees may be required to pay fees to cover collective bargaining activities. In Pennsylvania, these federal protections apply to most private sector workers.
Public sector workers in Pennsylvania, like state and local government employees, have different collective bargaining rights under state law, including the Pennsylvania Public Employee Relations Act. This state-level law establishes the right of public employees to form and join unions and bargain collectively. Pennsylvania’s Act 88 of 1992 clarified the rules for public school employees, limiting the duration of their strikes.
Employers in Pennsylvania can’t retaliate against or interfere with workers exercising these rights.
Employment Contracts and Severance
Employment Contract Laws
Pennsylvania is an at-will employment state: Employers can generally fire employees for no reason or any reason as long as the reason doesn’t violate anti-discrimination laws, public policy, or an existing employment agreement. Likewise, employees can leave their jobs at any time without providing a reason. State courts do recognize exceptions, including protections against being fired in retaliation for exercising certain legal rights, such as filing a workers’ compensation claim or reporting safety violations.
When it comes to restrictive covenants—like non-compete, non-solicitation, and confidentiality agreements—Pennsylvania courts tend to be skeptical. To be valid, restrictive covenants must be:
- Supported by adequate consideration, which means there must be something of value exchanged at the time the agreement is signed—like a job offer or a promotion.
- Reasonably limited in geographic scope and duration to protect the employer’s legitimate business interests.
- Designed to protect legitimate interests, such as trade secrets, confidential information, or customer relationships.
Starting on January 1, 2025, non-compete agreements for healthcare workers are unenforceable under the Fair Contracting For Health Care Practitioners Act.
Severance Pay
Employers aren’t required to provide severance pay when an employee is terminated or resigns. Severance is generally a matter of employer policy or negotiated agreement, rather than a legal obligation.
Additional State-Specific Employment Laws
| Mini-COBRA | Pennsylvania has a Mini-COBRA law that applies to small employers with 2 to 19 employees who aren’t covered by federal COBRA. The law requires these employers to offer up to 9 months of continuation coverage to employees and dependents who lose health insurance due to job loss or other qualifying events. Employers in Pennsylvania must also provide a written cessation of healthcare benefits notice when group health coverage ends. This notice must include the coverage termination date and information on any available continuation or conversion options. |
| Whistleblower Protection | Pennsylvania has a Whistleblower Law that protects employees of public employers (and some private employers receiving public funding) from retaliation if they report wrongdoing or waste.. |
| E-Verify for Public Works | Pennsylvania’s Public Works Employment Verification Act requires public works contractors and subcontractors to use E-Verify to confirm the employment eligibility of newly hired workers on public projects. |
Legal Resources for Employers and Employees
Here are some useful resources for navigating Pennsylvania labor laws:
- Pennsylvania Department of Labor & Industry: Provides guidance on wage and hour laws, workers’ compensation, and unemployment insurance.
- Pennsylvania Human Relations Commission (PHRC): Offers resources and complaint procedures for employment discrimination and harassment issues.
- Community Legal Services of Philadelphia: Provides free legal aid to low-income individuals on workplace and wage issues in Philadelphia.
- MidPenn Legal Services: Offers legal help to low-income individuals and families across central Pennsylvania, including employment-related concerns.
Disclaimer
The information presented on this website about labor laws in Pennsylvania is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.