Under Pennsylvania overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Pennsylvania — only the weekly total counts. The minimum wage is $7.25. This guide gives the exact pennsylvania overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance on 2026-10-08; confirm the current rule with Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance or an attorney before you rely on it.
Pennsylvania Overtime Laws at a Glance
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Pennsylvania — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This Pennsylvania Overtime Laws Guide:
Pennsylvania Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Pennsylvania — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under Pennsylvania Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Pennsylvania Overtime Laws at a Glance
Rules verified against Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance on 2026-10-08; confirm the current rule with Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Pennsylvania — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From Pennsylvania Overtime Laws
Under the Pennsylvania Minimum Wage Act, the main exempt jobs are salaried executives, administrative employees and learned or creative professionals who do real management or professional work, plus outside salespeople who sell mostly away from the employer’s place of business. Executive, administrative and professional employees generally have to pass both a duties test and a minimum weekly salary test under 34 Pa. Code Chapter 231.
A job title alone does not make you exempt, so confirm your status with the Bureau.
Daily Overtime and Pennsylvania Overtime Laws
Pennsylvania has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in Pennsylvania generally cannot give comp time instead of overtime pay. Hours over 40 in a workweek are generally paid at 1.5 times the regular rate in the same pay period. Comp time is generally limited to certain public employers under federal law.
Is Overtime Taxed Differently Under Pennsylvania Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Pennsylvania lets employers take a tip credit only if a tipped employee earns more than a set amount in tips each month.
Overtime for tipped workers is figured from the full state minimum wage, not the lower cash wage, and the employer may not take a bigger tip credit for overtime hours than for regular hours. Employers also may not take credit card or payment processing fees out of tips.
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How to Claim Unpaid Overtime Under Pennsylvania Overtime Laws
A Pennsylvania worker can file a Minimum Wage and Overtime Complaint with the Department of Labor & Industry’s Bureau of Labor Law Compliance. You can file online or send the PDF form by email, fax or mail, and the claim then goes to a district office based on the employer’s county. Workers can also complain to the U.S.
Department of Labor’s Wage and Hour Division, and back pay only reaches back for a limited period, so most workers file soon and confirm their dates with the agency.
Other Pennsylvania Overtime Laws Rules to Know
Pennsylvania bans the “fluctuating workweek” half-time method for salaried non-exempt workers. Under Chevalier v. General Nutrition Centers and 34 Pa. Code 231.43(g), the regular rate is the salary divided by 40 hours, so overtime is usually higher than the federal method gives. Pennsylvania courts have also held that required on-site time, such as security screening, counts as hours worked even when it is short (Heimbach v. Amazon.com).
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance
Pennsylvania — the bottom line
- Pennsylvania overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under pennsylvania overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Pennsylvania overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Pennsylvania overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Pennsylvania — only the weekly total counts.
What is the overtime rate in Pennsylvania?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Pennsylvania have daily overtime?
No daily overtime in pennsylvania — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Pennsylvania?
Private employers in Pennsylvania generally cannot give comp time instead of overtime pay. Hours over 40 in a workweek are generally paid at 1.5 times the regular rate in the same pay period.
How do I claim unpaid overtime in Pennsylvania?
A Pennsylvania worker can file a Minimum Wage and Overtime Complaint with the Department of Labor & Industry’s Bureau of Labor Law Compliance.
Official Pennsylvania Sources & Resources
- Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law-compliance.html
- Pennsylvania statute: https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1968&sessInd=0&smthLwInd=0&act=5
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This pennsylvania overtime laws guide was last verified against official Pennsylvania sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Pennsylvania Workplace Rights Guides
- Pennsylvania Break Laws: Meal and Rest Breaks
- Pennsylvania Final Paycheck Law: Deadlines and Penalties
- Pennsylvania Labor Laws: Every Rule in One Place
- Pennsylvania Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.