Pennsylvania Minimum Wage and Overtime Exemptions




Executive exemption

Pennsylvania exempts bona fide executive employees from its minimum wage and overtime requirements. To qualify as a bona fide executive employee, an employee must:

  • 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.

PA Statute 43-333.105(a)(5); PA Admin. Code 231.82.




Administrative exemption

Pennsylvania exempts bona fide administrative employees from its minimum wage and overtime requirements. To qualify as a bona fide administrative employee, an employee must:

  • 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.

PA Statute 43-333.105(a)(5); PA Admin. Code 231.83.



Professional exemption

Pennsylvania exempts bona fide professional employees from its minimum wage and overtime requirements. To qualify as a bona fide professional employee, an employee must:

  • perform primary duties consisting of:
    • performing work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized instruction and study or
    • performing work that is original and creative in character in a recognized field of artistic endeavor;
  • perform work that requires the consistent exercise of discretion and judgment in its performance;
  • perform work that is predominately intellectual and varied in character, as opposed to routine mental, manual, mechanical or physical work, and is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;
  • devote no more than 20 percent of time worked in a workweek to activities which are not an essential part of and necessarily incident to primary work duties.
  • 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.

PA Statute 43-333.105(a)(5); PA Admin. Code 231.84.

Pennsylvania also exempts any employee working in the capacity of academic administrative personnel or teacher in elementary or secondary schools. PA Statute 43-333.105(a)(5)



Outside salesman exemption

Pennsylvania exempts outside salesmen from its minimum wage and overtime requirements. To qualify as a bona fide professional employee, an employee must:

  • customarily and regularly work more than 80 percent of his or her time away from the employer’s place of business;
  • be employed to:
    • make sales, including any sale, exchange, contract to sell, consignment for sale, or other disposition or selling, and delivering articles or goods; or
    • obtain orders or contracts for the use of facilities for which a consideration will be paid by the client or customer;
  • spend no more than 20 percent of his or her time worked in a workweek performing work that is of a nature not directly related to and in conjunction with the making of sales (this does not include work that is performed incidental to and in conjunction with the employee’s outside sales or solicitations, including incidental deliveries and collections).

PA Statute 43-333.105(a)(5); PA Admin. Code 231.85.



Computer employee exemption

Pennsylvania’s laws does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.



Other minimum wage and overtime exemptions

Pennsylvania’s laws also exempt the following employees from its minimum wage and overtime requirements:

  • farm laborers
  • domestic service workers in or about the private home of an employer
  • newspaper deliverers to the consumer
  • 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
  • golf caddies
  • switchboard operators employed by an independently owned public telephone company which has no more than 750 stations
  • 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.

PA Statute 43-333.105(a)



Overtime only exemptions

Pennsylvania’s laws exempts the following from it overtime requirements only. Employers are required to comply with any minimum wage requirements.

  • a seaman;
  • 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;
  • taxicab driver;
  • 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. 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;
  • employment by a motion picture theater.

PA Statute 43-333.105(b)