Pennsylvania Minimum Wage Laws




Minimum wage

Pennsylvania’s current minimum wage is $7.25.

Pennsylvania sets its minimum wage to be the same as the federal minimum wage. Thus, if the federal minimum wage changes, Pennsylvania’s will change to that same rate as well.

PA Statute 43-333.104.



Tip minimum wage

Pennsylvania’s minimum wage for tipped employees is $2.83.

Pennsylvania defines tips (gratuities) as voluntary monetary contributions given by a customer to an employee for services rendered. PA Statute 43-333.103(i); PA Admin. Code 231.1(b) Employers may only pay employees the tipped minimum wage if the employee customarily and regularly receives over $30 per month in tips. PA Admin. Code 231.1(b); PA Admin. Code 231.101(b)(2)



If an employer chooses to pay the tipped minimum wage, it must also ensure that the tipped employees receive the standard minimum wage when tipped wages earned are combined with tips received. If a tipped employee is not paid the standard minimum wage when tipped wages earned are combined with tips received, the employer must pay the employee the difference. PA Admin. Code 231.101(b)(1) If employees fail to report to their tips received to their employer, they are barred from claiming that the employer paid them less than the standard minimum wage after tipped wages were combined with tips received. PA Admin. Code 231.34(3)

Employers must also inform employees of their rights as tipped employees and employees must retain all tips received by them from customers. PA Statute 43-333.103(d)



Tip pooling and sharing

Pennsylvania minimum wage laws permit employers to require employees to participate in tip pooling or tip sharing arrangements. PA Statute 43-333.103(d)(2)



Subminimum wage

Employees with disabilities

Pennsylvania minimum wage laws allow employers to pay employees with disabilities a wage rate less than the standard minimum wage if they receive a special certificate of approval to do so from Pennsylvania’s Department of Labor and Industry. Employers can obtain a form from the Department of Labor and Industry to apply for the special certificate. PA Statute 43-333.104(d); PA Admin. Code 231.71.



Trainees

Pennsylvania minimum wage laws do not allow employers to pay trainees a subminimum wage rate that is less than the standard minimum wage rate. PA Admin. Code 231.103(a)(2).



Apprentices

Pennsylvania minimum wage laws do not allow employers to pay apprentices a subminimum wage rate that is less than the standard minimum wage.



Learners

Pennsylvania minimum wage laws allow employers to pay learners a subminimum wage rate that is less than the standard minimum wage if they receive a special certificate of approval to do so from Pennsylvania’s Department of Labor and Industry. Employers can obtain a form from the Department of Labor and Industry to apply for the special certificate. PA Statute 43-333.104(b); PA Admin. Code 231.51; PA Admin. Code 231.61

Pennsylvania defines a learner as an individual who participates in a bona fide training program for an occupation in which the individual is employed. The bona fide training program must last at least two (2) weeks and should not last more than eight (8) weeks without permission from the Department of Labor and Industry. An individual will not be recognized as a learner at an establishment in an occupation for which the individual has completed the required training. PA Admin. Code 231.1(b)



Student learners

Pennsylvania minimum wage laws do not allow employers to pay student learners a subminimum wage rate that is less the standard minimum wage unless they qualify for the learner or full-time student subminimum wage exception.



Student workers

Pennsylvania minimum wage laws allow employers to pay student workers a subminimum wage rate that is less than the standard minimum wage if they receive a special certificate of approval to do so from Pennsylvania’s Department of Labor and Industry. Employers can obtain a form from the Department of Labor and Industry to apply for the special certificate. PA Statute 43-333.104(b); PA Admin. Code 231.51; PA Admin. Code 231.61

Pennsylvania defines a student worker as an individual who is enrolled in and regularly attends during the daytime and on a full-time basis an institution of learning offering a course of instruction leading to a degree, certificate, or diploma, or who is completing residence requirements for a degree. An individual may qualify as a student worker during the time school is not in session if the individual was a student during the preceding semester, trimester, or similar term of instruction. An individual cannot qualify as a student worker after he or she receives a degree, certificate, or diploma. PA Admin. Code 231.1(b)