What are the laws regarding overtime pay, and how can I tell if I’m entitled to it?
When working extra hours, it’s critical to understand your rights under Pennsylvania’s overtime laws. At Morcom Law, we help both employees and employers navigate these rules so everyone knows where they stand.
How the overtime law works in Pennsylvania
In Pennsylvania, the overtime rules largely mirror federal law. Employers must pay non-exempt employees one and a half times their “regular rate” of pay for every hour worked over 40 hours in a workweek. The state’s regulations under the Pennsylvania Minimum Wage Act further affirm this standard.
Who is covered and who may be exempt in Pennsylvania
Not everyone qualifies for overtime. The key distinction is between “non-exempt” employees (eligible for overtime) and “exempt” employees (not eligible). In Pennsylvania, the rules are aligned with the federal Fair Labor Standards Act (FLSA), so if you’re a salaried employee, your eligibility depends on your salary and job duties, not just your title. Some common exemptions include employees in executive, administrative, or professional roles who earn above a specified salary threshold.
Key steps to figure out if you’re entitled to overtime pay in Pennsylvania
Here’s a checklist you can use:
- Determine whether you work more than 40 hours in a given workweek. Overtime pay is triggered by the weekly total.
- Confirm whether you are “non-exempt.” Ask: Are your job duties mostly managerial/administrative/professional? What is your salary? If you earn below the salary threshold and your duties don’t fall under the exempt category, you likely are eligible.
- Calculate your “regular rate” of pay. For salaried non-exempt employees in Pennsylvania, you divide your weekly salary by the total hours (typically 40) to determine the hourly rate, then multiply by 1.5 for overtime hours.
- Check for misclassification. If your employer labels you exempt (or independent contractor) but you do not meet the legal exemption criteria, you may still be entitled to overtime.
- Keep records. Document your hours, pay, job duties, and salary. If there’s a dispute, having documentation strengthens your position.
Why it matters
Failing to pay proper overtime can lead to back pay obligations. In Pennsylvania, under the state law, you may have up to three years to seek unpaid overtime if it was owed. For employers, the legal risks of misclassification or improper overtime practices can be substantial.
If you believe you’re owed overtime pay, or you’re an employer who wants to ensure compliance, it’s wise to get legal guidance early rather than later.
If you’re in Pennsylvania and think you may be entitled to overtime—or if your employer is unsure whether their overtime practices are compliant, please reach out to Morcom Law for a consultation. Our team understands the nuances of employment law in Central Pennsylvania and can review your hours, classification, and pay records to help you determine your rights and next steps. Contact us today to get started.
