What Are the Mandatory Overtime Laws in Pennsylvania?

Determining the regular rate of pay for an hourly worker is straightforward. For a salaried worker, a little bit of math has to be calculated. The regular rate is determined by dividing the total number of hours worked during the week by the employee’s total earnings. For example, if you work 40 hours per week and make $500 per week, your regular rate of pay is $12.50 per hour. 

Yes. In Pennsylvania, an employer is allowed to require employees to work overtime as long as they pay them accordingly. If you refuse to work overtime, your employer can discipline or terminate you from your position. The one primary exception to this rule is for healthcare workers. Healthcare workers cannot be forced to work overtime hours unless there is a natural disaster. This protects patients because it can be dangerous for someone in healthcare to work too many hours. Mistakes can be deadly.

In Pennsylvania, your employer is typically not required to pay you for time spent on-call unless you have to spend your on-call time in a specific place. If you are on call but are allowed to do whatever you want until you are called in, you are not required to be paid for this time. In these circumstances, the time you spend on call does not count as hours worked when determining whether you’re entitled to overtime pay. Being on-call means a worker is expected to be available at any time during their shift, even on short notice, to perform their expected job functions.

In Pennsylvania, there is no requirement for your employer to provide you with meals or rest breaks in most circumstances. The primary exception is for workers who are minors. If you’re under the age of 18, they must give you a break. While an employer is not required to provide you with breaks otherwise, there are rules that must be followed if they decide to offer breaks for their employees. If your break is 20 minutes or less, it must be a paid break. If it’s longer than 20 minutes, your employer is not required to pay you.

At Morgan & Morgan, our primary goal is to ensure that all of our clients get treated fairly, and all the mandatory overtime laws in PA are followed. This often includes recovering all of the compensation that every worker is legally entitled to. There’s nothing more frustrating than working hard all week and then getting a paycheck that doesn’t accurately reflect how many hours and how hard you worked. If you’ve worked overtime and you’re a non-exempt employee, your employer may be required to pay you extra for those hours you worked. If you have questions about what you’re owed, or you believe your employer is illegally withholding wages from you, contacting an experienced wage and overtime lawyer in Pennsylvania is a great first step. 

Morgan & Morgan has been handling these types of claims for decades, and we’d be happy to assist you. We take all of our cases on a contingency fee basis, so you never pay us anything until we win or settle your claim. Our payment comes directly from any compensation that you’re awarded, so you never have to come up with money out of your own pocket. Contact Morgan & Morgan today for a free case consultation.