United States › Pennsylvania › Overtime
2 rules apply together in Pennsylvania. Each is listed with its own source; Juriset does not combine them.
All of these apply at once. Each is a separate rule with its own source.
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
| Applies to | employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce | ||||||||||||||||||||||
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Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 8 · effective from · a source has never been verified against the live page
Verification: approved by a person (carried over from Juriset's first release).
| Exceptions |
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No published changes are waiting to take effect.
| Version | Effective | Published | Change | Value |
|---|---|---|---|---|
| 4in effect | new overtime in us: version 4, effective 2026-10-24, published (new) | Overtime is paid at 1.5 times the regular rate after 40 hours in a week. |
| Version | Effective | Published | Change | Value |
|---|---|---|---|---|
| 8in effect | amendment overtime in us-pa: version 8, effective 2026-10-24, published (amendment); replaces version 5 | Overtime is paid at 1.5 times the regular rate after 40 hours in a week. | ||
| 5 | to | correction overtime in us-pa: version 5, effective 2026-10-23, published (correction); replaces version 3 | Overtime is paid at 1.5 times the regular rate after 40 hours in a week. | |
| 3superseded | new overtime in us-pa: version 3, effective 2026-10-23, published (new) | Overtime is paid at 1.5 times the regular rate after 40 hours in a week. |
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| Condition | hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n)) |
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| Multiplier | 1.5 |
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| Alternative schemes |
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| Threshold weekly hours | 40 |
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no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,Snapshot of the source as Juriset fetched it on
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).Snapshot of the source as Juriset fetched it on
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.Snapshot of the source as Juriset fetched it on
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.Snapshot of the source as Juriset fetched it on
| Category | Seasonal employment by nonprofit health or welfare agencies or nonprofit camps |
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| Condition | In seasonal employment, if the employe is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year, s. 5(a)(7) |
| Category | Seasonal public amusement or recreational establishments, organized camps, religious or nonprofit educational conference centers |
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| Condition | if (i) it does not operate for more than seven months in any calendar year, or (ii) during the preceding calendar year, its average receipts for any six months of such year were not more than thirty-three and one-third percent of its average receipts for the other six months of such year, s. 5(a)(9) |
| Category | Golf caddy |
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| Condition | exempt from both the minimum wage and overtime provisions of this act, s. 5(a)(10) |
| Category | Switchboard operators |
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| Condition | employed by an independently owned public telephone company which has not more than seven hundred and fifty stations, s. 5(a)(11) |
| Category | Elected officials and their personal staff |
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| Condition | Employes not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to him or her, or are appointed by him or her to serve on a policy-making level, s. 5(a)(12) |
| Category | Seaman |
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| Condition | exempt from the overtime provisions of this act, s. 5(b)(1) |
| Category | Salesmen, partsmen, or mechanics of vehicle dealers |
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| Condition | Any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers, s. 5(b)(2) |
| Category | Taxicab drivers |
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| Condition | Any driver employed by an employer engaged in the business of operating taxicabs, s. 5(b)(3) |
| Category | Announcers, news editors, or chief engineers of small-market radio or television stations |
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| Condition | employed by a radio or television station, the major studio of which is located in a city or town of one hundred thousand population or less (with conditions), s. 5(b)(4) |
| Category | Maple sap processing employees |
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| Condition | Any employe engaged in the processing of maple sap into sugar (other than refined sugar) or syrup, s. 5(b)(5) |
| Category | Motion picture theatre employees |
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| Condition | Employment by an establishment which is a motion picture theatre, s. 5(b)(6) |
| Category | Motor carrier employees |
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| Condition | Any employe of a motor carrier with respect to whom the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. § 3102(b)(1) and (2), s. 5(b)(7) |
| Category | Air carrier employees |
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| Condition | The hours of an employe of an air carrier subject to the provisions of Title II of the Railway Labor Act when (i) the hours are voluntarily worked pursuant to a shift-trading practice, or (ii) the required hours of work, wages and overtime compensation have been agreed to in a collective bargaining agreement or voluntary agreement, s. 5(b)(8) |
| Category | Supervisors who are employed solely to supervise |
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| Condition | Some employees are exempt from overtime, such as ... supervisors who are employed solely to supervise (L&I Wage FAQs) |
| Multiplier | 1.5 |
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| Alternative schemes |
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| Threshold weekly hours | 40 |
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Employees not being paid 1.5 times their regular rate after 40 hours worked in a workweekSnapshot of the source as Juriset fetched it on
Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. … Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. … In order to qualify for an EAP exemption, an employer must show (1) that the exempt employee meets certain tests regarding their job duties, (2) is paid on a salary basis, and (3) is paid not less than $684 per week. … The amendment adopts the federal Fair Labor Standards Act’s “8 and 80” rule for individuals employed in hospitals or establishments primarily engaged in the care of the sick, aged, or mentally ill people. Under the 8 and 80 system, employers and employees can agree to calculate overtime on a 14-day, 80-hour work period rather than the traditional 40-hour workweek. Therefore, overtime wages are required when an employee works in excess of 8 hours in any workday and more than 80 hours in a 14-day work period.Snapshot of the source as Juriset fetched it on
Employes shall be paid for overtime not less than one and one-half times the employe's regular rate as prescribed in regulations promulgated by the secretary: Provided, That students employed in seasonal occupations as defined and delimited by regulations promulgated by the secretary may, by such regulations, be excluded from the overtime provisions of this act … no pay for overtime in addition to the regular rate shall be required except for hours in excess of forty hours in a workweek. … Employment in the following classifications shall be exempt from both the minimum wage and overtime provisions of this act: (1) Labor on a farm; (2) Domestic services in or about the private home of the employer; (3) Delivery of newspapers to the consumer; (4) In connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published or counties contiguous thereto; (5) In a bona fide executive, administrative, or professional capacity (including any employe employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools) or in the capacity of outside salesman … (6) In the activities of an educational, charitable, religious or nonprofit organization where the employer-employe relationship does not in fact exist or where the services are rendered to such organization gratuitously; (7) In seasonal employment, if the employe is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year; … (9) In employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (i) it does not operate for more than seven months in any calendar year, or (ii) during the preceding calendar year, its average receipts for any six months of such year were not more than thirty-three and one-third percent of its average receipts for the other six months of such year; (10) Golf caddy; (11) In employment as a switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; (12) Employes not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to him or her, or are appointed by him or her to serve on a policy-making level. … Employment in the following classifications shall be exempt from the overtime provisions of this act: (1) Seaman; (2) Any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; (3) Any driver employed by an employer engaged in the business of operating taxicabs; (4) Any employe employed as an announcer, news editor, or chief engineer by a radio or television station, the major studio of which is located (i) in a city or town of one hundred thousand population or less … (5) Any employe engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; (6) Employment by an establishment which is a motion picture theatre; (7) Any employe of a motor carrier with respect to whom the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. § 3102(b)(1) and (2) … (8) The hours of an employe of an air carrier subject to the provisions of Title II of the Railway Labor Act (Public Law 69-257, 44 Stat. 577, 45 U.S.C. § 181 et seq.) when: (i) the hours are voluntarily worked by the employe pursuant to a shift-trading practice under which the employe has the opportunity to reduce hours worked in any workweek by voluntarily offering a shift for trade or reassignment; or (ii) the required hours of work, wages and overtime compensation have been agreed to either in a collective bargaining agreement between the employer and labor organization representing employes for purposes of collective bargaining or pursuant to a voluntary agreement or understanding arrived at between the employer and employe.Snapshot of the source as Juriset fetched it on