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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Pennsylvania employers are required to provide a 30 minute break period to employees
ages 14 through 17 who work five or more consecutive hours. Child Labor Law, Act of
1915, P.L. 286, No. 177, Section 4. Employers are not required to give breaks for
employees 18 and over. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses
to provide breaks, and the break last less than 20 minutes, it must be paid. If an employer
allows meal periods, it does not have to be paid if the employee does not work during the
meal period and it lasts more than 20 minutes. Pennsylvania Code §231.1
Pennsylvania employers are required to provide a 30 minute break period to employees
ages 14 through 17 who work five or more consecutive hours. Child Labor Law, Act of
1915, P.L. 286, No. 177, Section 4. Employers are not required to give breaks for
employees 18 and over. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses
to provide breaks, and the break last less than 20 minutes, it must be paid. If an employer
allows meal periods, it does not have to be paid if the employee does not work during the
meal period and it lasts more than 20 minutes. Pennsylvania Code §231.1
Vacation
In Pennsylvania, employers are not required to provide employees with vacation benefits,
either paid or unpaid. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. PA Dept. of Labor: Wage and Hour FAQs, PA Wage Payment and
Collection Law, Act of 1961, P.L. 637, No. 329, § 2.1.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. PA Wage Payment and
Collection Law, Act of 1961, P.L. 637, No. 329, § 2.1.
Neither Pennsylvania’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
Although Pennsylvania’s authorities are silent regarding many vacation policy issues,
based on the contractual emphasis Pennsylvania has placed on vacation policies, an
employer is likely free to implement the vacation policy of its choosing. PA Dept. of Labor:
Wage and Hour FAQs. An employer would be required to comply with the terms of its policy
or contract. PA Dept. of Labor: Wage and Hour FAQs.
In Pennsylvania, employers are not required to provide employees with vacation benefits,
either paid or unpaid. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. PA Dept. of Labor: Wage and Hour FAQs, PA Wage Payment and
Collection Law, Act of 1961, P.L. 637, No. 329, § 2.1.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. PA Wage Payment and
Collection Law, Act of 1961, P.L. 637, No. 329, § 2.1.
Neither Pennsylvania’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although Pennsylvania’s authorities are silent regarding many vacation policy issues,
based on the contractual emphasis Pennsylvania has placed on vacation policies, an
employer is likely free to implement the vacation policy of its choosing. PA Dept. of Labor:
Wage and Hour FAQs. An employer would be required to comply with the terms of its policy
or contract. PA Dept. of Labor: Wage and Hour FAQs.
Severance
Pennsylvania law does not require employers to provide employees with severance pay.
PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to provide severance
benefits, it must comply with the terms of its established policy or employment contract.
Pennsylvania law does not require employers to provide employees with severance pay.
PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to provide severance
benefits, it must comply with the terms of its established policy or employment contract.
Holidays
Pennsylvania law does not require employers to provide employees with either paid or
employee premium pay, such as 1 1/2 times the regular rate, for working on holidays,
unless such time worked qualifies the employee for overtime under standard overtime
laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply
with the terms of its established policy or employment contract.
Pennsylvania law does not require employers to provide employees with either paid or
employee premium pay, such as 1 1/2 times the regular rate, for working on holidays,
unless such time worked qualifies the employee for overtime under standard overtime
laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply
with the terms of its established policy or employment contract.
Minimum Wage
Pennsylvania's current minimum wage is $7.25. PA Dept. of Labor: Minimum Wage FAQs.
Some exceptions apply to Pennsylvania's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Pennsylvania's current minimum wage is $7.25. PA Dept. of Labor: Minimum Wage FAQs.
Some exceptions apply to Pennsylvania's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Pennsylvania requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. PA Dept. of Labor: Wage and Hour FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
Pennsylvania requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. PA Dept. of Labor: Wage and Hour FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
Sick Leave
Pennsylvania law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract. PA Dept. of
Labor: Wage and Hour FAQs.
An employer in Pennsylvania may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Pennsylvania law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract. PA Dept. of
Labor: Wage and Hour FAQs.
An employer in Pennsylvania may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not deprive an employee of his or her seniority position or benefits, or
discharge, threaten, or otherwise coerce him or her, because the employee receives and/or
responds to a summons, serves as a juror, or attends court for prospective jury service.
This prohibition does not apply to employers in the retail or service industries with fewer
than 15 employees or to employers in the manufacturing industry with fewer than 40
employees. However, employees working for employers in these industries who are
exempt from the law due to their limited number of employees may be excused from jury
service upon request to the court.
Pennsylvania Stat. 42:4563
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not deprive an employee of his or her seniority position or benefits, or
discharge, threaten, or otherwise coerce him or her, because the employee receives and/or
responds to a summons, serves as a juror, or attends court for prospective jury service.
This prohibition does not apply to employers in the retail or service industries with fewer
than 15 employees or to employers in the manufacturing industry with fewer than 40
employees. However, employees working for employers in these industries who are
exempt from the law due to their limited number of employees may be excused from jury
service upon request to the court.
Pennsylvania Stat. 42:4563
