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Pennsylvania’s statewide baseline is short. The state minimum wage is $7.25 per hour, most covered employees must receive one and one-half times their regular rate for hours over 40 in a workweek, and adult workers generally have no state-mandated break, paid sick leave, vacation pay, or holiday pay. Almost everything else depends on age, pay arrangement, industry, or location: minors fall under the Child Labor Act, tipped workers follow a separate tip-credit framework, and Philadelphia and federal law can add obligations on top of the state floor.
This guide summarizes the Pennsylvania Department of Labor & Industry (DLI) guidance checked in 2026. It explains the general rules and shows where they change. It is not an individualized legal determination, and it cannot tell you how a rule applies to a specific job, schedule, or dispute.
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The statewide baseline at a glance
The table below sets the general Pennsylvania rule beside the situations where it changes. Read each row as a starting point, then check the exceptions that apply to your own job.
| Topic | Pennsylvania baseline (DLI guidance) | Where the rule changes |
|---|---|---|
| Minimum wage | $7.25 per hour for non-tipped workers | Tipped workers may be paid a lower direct cash wage under the tip-credit rules |
| Overtime | One and one-half times the regular rate after 40 hours in a workweek for most covered employees | Statutory and federal exemptions; a narrow 8-and-80 arrangement for certain hospital or care settings |
| Adult breaks | Not generally required for employees 18 and older | Short breaks under 20 minutes must be paid if offered; collective bargaining agreements may govern |
| Minors’ meal period | A 30-minute meal period after five consecutive hours for workers ages 14 through 17 | Child Labor Act limits on hours, permitted work, hazardous tasks, and work permits for minors under 18 |
| Sick leave, vacation, holiday pay, severance | Not generally required by state law; employer policy or contract controls | Federal leave requirements and additional Philadelphia requirements may apply |
| Final pay and deductions | The Wage Payment and Collection Law requires agreed wages to be paid on time | Promised benefits are protected only when expressly promised in official business documents |
| Public construction | Prevailing Wage Act applies to qualifying public construction work | Coverage depends on the project; thresholds and rates are not stated in this guide |
| Covered health-care workers | Act 102 limits excessive overtime for covered health-care workers | Its shift restrictions are separate from wage-and-hour overtime rules |
Minimum wage and tipped workers
Non-tipped workers
DLI states that “the minimum wage in Pennsylvania is $7.25 per hour.” The agency’s Minimum Wage Act guidance lists the kinds of violations it treats as concerns: pay below that rate, tipped workers paid below the applicable direct cash wage, improper tip credits, failure to pay overtime, inaccurate wage records, and deductions of credit-card processing fees from tips.
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Tipped workers
DLI says its updated tipped-worker rules took effect on August 5, 2022, and that they remain the operative framework in its current guidance. Two points matter most:
- Tip credit is not automatic. DLI’s worked example uses a $2.83 per hour direct cash wage. The gap between that wage and $7.25 is $4.42 per hour. An employer can count tips toward that gap only when the employee’s tips actually make it up, so the credit depends on the tips received, not on the job title alone.
- Tips belong to the employee. Non-cash tips belong to the employee who receives them, and employers may not deduct payment-processing fees from tips.
DLI’s example pairs the $2.83 wage with $135 in monthly tips. That illustrates the arithmetic in the agency’s guidance; it is not a template that applies to every tipped job, and the full guidance should be read before an employer relies on a tip credit.
Overtime and salaried workers
The 40-hour rule
For most covered employees, overtime is due at one and one-half times the regular rate after 40 hours in a workweek. An employer may require overtime, but it must still pay qualifying workers for every hour actually worked. For an hourly worker with a $10.00 regular rate who works 45 hours in one workweek, the calculation is 40 hours at $10.00 ($400) plus 5 hours at $15.00 ($75), for $475 that week. Bonuses and some other payments can change the regular rate, so the simple hourly example does not cover every pay structure.
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DLI’s overtime FAQ describes an 8-and-80 arrangement for certain hospital or care settings. Under that arrangement, overtime is due after more than eight hours in a workday and after more than 80 hours in a 14-day period. This is a narrow arrangement for specific settings, not a general alternative to the 40-hour workweek rule, and an employer outside those settings cannot assume it applies.
A salary does not settle exemption
DLI says a salary alone does not make a worker exempt from overtime. Exemption depends on applicable salary and duties tests, and job titles do not determine exempt status. For the executive, administrative, and professional (EAP) exemption, DLI’s Wage FAQs use a $684 per week salary threshold. That figure traces to the 2019 federal regulation. Federal salary levels have been revised and litigated in recent years, so confirm the current federal threshold with the U.S. Department of Labor before relying on it. The duties tests are separate from the salary figure and must also be met.
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Breaks and meal periods
Adults 18 and older
Pennsylvania generally does not require rest or meal breaks for employees 18 and older. The rule has two practical consequences:
- If an employer offers a short break under 20 minutes, that time must be paid.
- A meal period longer than 20 minutes can be unpaid, provided the employee does not work during it.
Collective bargaining agreements may set different break terms, so union members should check their contract as well as the statute.
Workers ages 14 through 17
Minors have a separate protection. Workers ages 14 through 17 must receive a 30-minute meal period after five consecutive hours of work. The same break rules for short and meal periods described above (paid under 20 minutes; a longer uninterrupted meal period may be unpaid) are reflected in DLI’s guidance for these workers, so a teen’s schedule should be checked against both the Child Labor Act and the adult rules where they overlap.
Paid leave, holidays, and promised benefits
DLI says Pennsylvania law does not generally require employers to pay sick leave, vacation pay, severance, or holiday pay. Those benefits exist when an employer’s policy or contract promises them. The wage-payment protections reach promised benefits such as paid time off only when the promise is expressly stated in an official business document, such as an employee handbook or a memo. An informal understanding that is not written into those documents is harder to enforce through the wage-payment process.
Leave rights under federal law and Philadelphia requirements are covered in the federal and local section below, because they are separate from the state baseline.
Final pay, deductions, and getting paid on time
DLI describes the Wage Payment and Collection Law (WPCL) as a law that “was designed to ensure that employees are paid on time for work performed.” The agency lists the following as examples of WPCL concerns:
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- Missing final pay
- Late payment
- Improper deductions, such as equipment costs
A missing final paycheck is therefore one of the WPCL issues DLI identifies, and it belongs in the wage-payment complaint route rather than the minimum wage route. Whether a particular deduction is allowed depends on the facts, and the guidance summarized here does not set a general rule for every deduction.
Minors and the Child Labor Act
The Child Labor Act protects minors’ health, safety, and welfare. DLI summarizes the law this way: it “provides for the health, safety and welfare of minors by: prohibiting their employment or work in certain establishments and occupations; under certain ages, restricting their hours of labor; regulating certain conditions of their employment; and requiring work permits for minors under the age of 18.” Federal child-labor provisions under the Fair Labor Standards Act (FLSA) also apply, so a job can be restricted by both.
Work permits, hours, and conditions
Minors under 18 need work permits, and the law restricts both the occupations and the hours they may work. A teen’s employer should confirm the permit and the schedule before the first shift, not after a problem arises.
Hazardous work
DLI identifies hazardous examples that minors may not perform, including crane operation, electrical work, excavation, roofing, woodworking, wrecking, and demolition. A job title such as “helper” does not change whether a task falls into these categories; the tasks actually performed are what count.
Child performers
Child performers have special protections under the Child Labor Act, including entertainment permits. Schools, talent agencies, and production companies should not treat performance work as ordinary part-time employment.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Specialized rules for public construction and health care
Three state laws change the analysis for specific industries. DLI’s labor-law directory treats each as a separate subject, so these summaries are only an orientation.
Prevailing Wage Act
The Prevailing Wage Act applies to qualifying public construction work. Employers bidding on or performing public projects should check whether the project triggers prevailing wage obligations before setting pay rates. The thresholds and rates are not stated in this guide.
Act 72 and construction-worker classification
Act 72 addresses how construction workers are classified. A construction worker’s label, such as “independent contractor,” does not settle the question on its own. Classification affects which pay and tax rules apply, so check DLI’s materials on Act 72 before treating any construction worker as outside the wage-and-hour rules.
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Act 102 and health-care overtime
Act 102 limits excessive overtime for covered health-care workers. DLI’s Act 102 FAQ distinguishes these shift restrictions from wage-and-hour overtime laws. A health-care employer can therefore pay correct overtime under the wage laws and still be subject to Act 102 shift limits, and the reverse is also possible.
Federal and local layers
The state baseline is only one layer. DLI notes that federal leave requirements and additional Philadelphia requirements may apply, and other federal rules can apply in addition to the state rules:
- FLSA: federal overtime and child-labor provisions. Federal rules can be stricter than state rules in some respects, so the more protective rule generally controls when both apply.
- FMLA and ADA: federal leave and disability requirements. These depend on the employer’s size and the employee’s circumstances, and they are not replaced by Pennsylvania’s baseline.
- Philadelphia: the city may impose requirements beyond the state rules, including leave requirements. These must be checked against the city’s own sources.
Questions to answer before deciding which rule applies
Because the rules change by category, a worker or employer can resolve most questions by working through the following checks in order:
- Worker status: whether the person is an employee or an independent contractor. Salaried versus hourly status does not by itself decide overtime eligibility.
- Age: whether the worker is 18 or older, or is a minor subject to the Child Labor Act, with permit, hour, and hazardous-task rules.
- Hours and duties: total hours in the workweek, the regular rate, and whether a legally defined exemption applies.
- Pay arrangement: tipped pay and tip credit, a promised benefit, or a deduction from wages.
- Industry and funding: ordinary private employment versus covered health care or public construction.
- Location: statewide rules versus Philadelphia requirements, and federal rules that apply alongside them.
How to file a wage complaint in Pennsylvania
DLI provides separate complaint processes for Minimum Wage Act violations and for Wage Payment and Collection Law issues, and it says it investigates reported violations. Choosing the correct route at the start saves time:
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- Collect your records. Keep pay stubs, timecards or schedules, tip records, offer letters, and any handbook pages or memos that contain the promise at issue.
- Find the correct form on DLI’s website. Search DLI’s site for the specific complaint process name identified in step one, and use that process rather than a general inquiry.
- Submit specific details. Include dates, amounts, the employer’s name and location, and the pay period involved. Vague claims are harder to investigate.
- Act promptly. The guidance summarized here does not set out filing deadlines, so do not assume you have unlimited time to act.
DLI’s investigation does not guarantee a particular result. For advice on a specific situation, consult an employment attorney or the appropriate agency.
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