$780 per … Therefore, … General Rule About Docking an Exempt Employee's Pay . Generally, Pennsylvania law requires that employees be paid for all hours worked. Employees at certain radio and television stations are also exempted, as are any white-collar jobs … There is no specific number of hours given in Section 1330. perform primary duties consisting of office or nonmanual work directly related to management policies or general operation of his or her employer or the customers of the employer; customarily and regularly exercises discretion and independent judgment; regularly and directly assists an employer or an employee employed in a bona fide executive or administrative capacity, who performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge, or who executes under only general supervision special assignments and tasks; devote no more than 20 percent, or, in the case of an employee of a retail or service establishment no more than 40 percent, of his or her work hours in a workweek to activities which are not directly and closely related to the performance of their primary duties; be paid a salary of not less than $155 per week, exclusive of board, lodging, or other facilities, provided that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities and whose primary duty consists of the performance of work described above, which includes work requiring the exercise of discretion and independent judgment, shall be deemed to meet all of the requirements of this section. To determine whether a job qualifies for overtime, it’s a very difficult test under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. Code 231.83. Pennsylvania also exempts any employee working in the capacity of academic administrative personnel or teacher in elementary or secondary schools. customarily and regularly work more than 80 percent of his or her time away from the employer’s place of business; make sales, including any sale, exchange, contract to sell, consignment for sale, or other disposition or selling, and delivering articles or goods; or. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. If an employee is not covered under the Pennsylvania Minimum Wage Act, the employee may still be entitled to protection under the Federal Fair Labor Standards Act. For example, Section 13(a)(l) of the Fair Labor Standards Act (FLSA) exempts executive, administrative, professional, and outside sales employees from the minimum wage and overtime requirements of the FLSA, provided they meet certain tests regarding job duties and responsibilities and are compensated "on a salary basis" at not less than stated amounts. Code 231.84. Pennsylvania’s laws also exempt the following employees from its minimum wage and overtime requirements: Pennsylvania’s laws exempts the following from it overtime requirements only. If you were truly exempt, there is no law protecting an exempt employee from long work hours. Certain types of employees, often classified as exempt employees, are not entitled to overtime pay as guaranteed by the Fair Labor Standards Act (FLSA). (An exempt employee is one who is not entitled to overtime pay because of what he does. Exempt employees must receive a salary of at least $455 per week. Pennsylvania Labor Laws About Taking Lunches & Breaks ; Pennsylvania Labor Laws for Salaried Employees; Can an Employer Withhold Salary Because an Employee Quits? Overtime Guidelines by the Fair Labor Standards Act (FLSA) on Exempt vs. Non-Exempt; Private-Sector Employers. /Christopher E. Ezold/ The Ezold Law Firm, P.C. See our overtime page for more information on Exempt v. Non-Exempt Employees.) The equal wage law exists to prohibit employer discrimination on the basis of race, ethnicity, gender, sex or orientation. If your hours have been reduced because of COVID-19, you may be eligible for Unemployment Compensation. One Belmont Avenue, Suite 501 The regulation increases the EAP salary threshold under Pennsylvania law to: $684 per week ($35,568 annually) effective Oct. 3, 2020. any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft, if employed by a non-manufacturing establishment primarily engaged (more than 50 percent of the time) in selling to ultimate purchasers; any employee of a motor carrier the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. §201 et seq., and the Wage Payment and Collection Law (“WPCL”). Notes secured by a mortgage (203(j)): Pennsylvania law permits the sale of a mortgage if the entire mortgage is sold as a single unit to the purchaser. All other Pennsylvania employers have no obligation to provide either meal or rest breaks. Code 231.82. If you spend more than 80% of your time at work doing professional, executive, or administrative job duties, or making outside sales calls, you are exempt from PA overtime laws and your employer does not need to pay you any overtime. Employers in Pennsylvania must meet the requirements of both laws to ensure compliance. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law. Pennsylvania exempts outside salesmen from its minimum wage and overtime requirements. While Pennsylvania labor laws about breaks do not require employers to give breaks to adults, but children must be given appropriate breaks. Code 231.85. Employers that are covered by both state and federal law must comply with the law that affords the higher standard of protection for employees. Section 3102(b)(1) and (2); announcer, news editor, or chief engineer of a radio or television station, the major studio of which is located in: a city or town with 100,000 or fewer people, if not part of a standard metropolitan statistical area having a total population in excess of 100,000 people; or. a city or town with 25,000 or fewer people, which is part of a standard metropolitan statistical area having a total population of over 100,000, but is at least 40 airline miles from the principal city in the area; any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup. Sign up for Employment Law Handbook’s free email updates to stay informed. State regulations define an "exempt executive employee" as an employee whose primary duty consists of the management of the organization or of a customarily recognized department or subdivision thereof and includes the customary and regular direction of the work of two or more other employees(. In areas where one law is more favorable to employees than the other, Pennsylvania employers must comply with the more pro-employee requirements to avoid liability for unpaid minimum wages or overtime pay. EXEMPTIONS FROM PENNSYLVANIA MINIMUM WAGE & OVERTIME LAWS There are numerous categories of employees who are exempt from Pennsylvania's minimum wage and overtime laws. If an employer is found to have violated this law, a state fine will be levied and all wages withheld from the employee … To qualify as a bona fide administrative employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. This meal break may be paid or unpaid. Some employees, known as exempt employees, do not receive a pay increase for overtime hours worked. of Labor: Wage and Hour FAQs. Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. movie theater employees, maple sugar processors, and some motor carrier employees from overtime pay. Pennsylvania law requires that a worker's pay for overtime hours must be at least 1.5 times his or her regular pay rate. Other employees may be overtime exempt because they may fall … It is a myth that all salaried jobs are exempt from Pennsylvania overtime laws. Pennsylvania exempts farm workers, sailors, taxi drivers, vehicle mechanics or salespeople. employees not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to the officeholder, or are appointed by the officeholder to serve on a policymaking level. Beginning on October 3, 2021, to be exempt, employees must earn at least $780 per week. Under the Fair Labor Standards Act (“FLSA”), employers are permitted to pay non-exempt employees a fixed salary to cover straight-time earnings for all hours worked in a week, provided several conditions are met: a) the employee’s hours must fluctuate week to week; b) the employee must be paid the fixed salary in weeks where employee works less than 40 hours; c) there must be a clear … It does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employee would have worked otherwise. First, Pennsylvania does not recognize the highly compensated employee exemption which allows employer to avoid paying overtime if an employee earns a certain salary. The overtime pay in Pennsylvania is 1½ times the regular rate of pay after 40 hours worked in a workweek. It may not be fair or right, but it is not illegal. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. Any person age 14 to 17 who works five or more consecutive hours must be given a minimum of a 30 minute meal break according to PA labor laws about breaks. But for most professions, an individual is an exempt employee if he or she meets the following three tests: be paid on a salary or fee basis at a rate of not less than $170 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the performance of work described above, which includes work requiring the consistent exercise of discretion and judgment, or the performance of work requiring invention, imagination or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section. Private-sector employers cannot pay an employee in comp time under Pennsylvania state labor law, with one … domestic service workers in or about the private home of an employer, workers connected with the publication of weekly, semiweekly or daily newspaper with a circulation of less than 4,000, when the major portion of circulation is in the county where published or in a bordering county, employees in an educational, charitable, religious or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously, employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (1) it does not operate more than 7 months a year, or (2) during the preceding calendar year the average receipts for any 6 months were not more than 33-1/3 percent for the other 6 months of the year, switchboard operators employed by an independently owned public telephone company which has no more than 750 stations. The exempt employee category is a result of the Fair Labor Standards Act, a U.S. law passed in 1938. A: Section 1330 of the Pennsylvania Public School Code states that a 16 year old student "who is regularly engaged in any useful and lawful employment or service during the time the public schools are in session, and who holds an employment certificate issued according to the law" is exempt from compulsory attendance. To qualify as a bona fide executive employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. Although Pennsylvania does not have a lunch and break law for those persons 18 and over, there are applicable federal rules for Pennsylvania residents. Some types of jobs are considered exempt by definition under the law, including outside sales staff and airline employees. These employers must give employees a 30-minute break after five hours of work, during which employees must be relieved of all duties. Pennsylvania exempts bona fide administrative employees from its minimum wage and overtime requirements. Exempt Employees, Non-Exempt Employees, and the Fair Labor Standards Act . To qualify as a bona fide professional employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. Impermissible Pay Docking. In Pennsylvania, only employers of seasonal farmworkers are required to provide breaks. perform primary duties consisting of the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision; customarily and regularly direct the work of two or more other employees; have the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; customarily and regularly exercises discretionary powers; devote no more than 20 percent, or, in the case of an employee of a retail or service establishment no more than 40 percent, of his or her work hours in a workweek to activities which are not directly and closely related to the performance of their primary duties (this paragraph may not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment or who owns at least 20% interest in the enterprise in which he or she is employed); be paid on a salary basis at a rate of not less than $155 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein shall be deemed to meet all the requirements of this section. 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