Pennsylvania Overtime & Paycheck Calculator
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Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Pennsylvania Statutory Wage & Overtime Authority
Statutory Legal Citation: 43 P.S. § 333.104
Pennsylvania Minimum Wage Act sets minimum wage at $7.25/hr ($2.83 tipped rate). Overtime required at 1.5x regular rate for hours worked beyond 40 per workweek.
Employee Statutory Rights (PA)
- ✓ Minimum wage of $7.25/hr.
- ✓ Overtime pay at 1.5x regular rate for hours over 40 per workweek.
- ✓ Protection under PA Wage Payment and Collection Law (WPCL).
Employer Mandatory Obligations (PA)
- § Pay tipped employees at least $2.83/hr direct cash wage.
- § Pay non-exempt employees on regular paydays established in advance.
- § Maintain accurate payroll records for at least 3 years.
Pennsylvania Statutory Wage & Overtime FAQs
What is the minimum wage in Pennsylvania for 2026? ↓
Under statutory citation 43 P.S. § 333.104, the 2026 minimum wage in Pennsylvania is $7.25 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does Pennsylvania mandate daily overtime pay? ↓
Pennsylvania follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in Pennsylvania take a tip credit against wage rates? ↓
Pennsylvania permits employers to claim a maximum tip credit of $4.42/hr against tipped staff, requiring a minimum direct cash wage of $2.83/hr.
Common Pennsylvania Payroll Compliance Traps & Audit Penalties
Using weighted average overtime rate incorrectly for employees working multiple job titles.
Withholding final paychecks upon employee resignation.
Unlawful tip credit retention by restaurant management.
Did Your Employer Violate Pennsylvania Labor Law?
30-Second Diagnostic • Sourced from 43 P.S. § 333.104
Based on Pennsylvania labor code standards (43 P.S. § 333.104), your responses indicate potential statutory wage violations.
Never Miss an Overtime Dollar or Statutory Rate Update
Set weekly payday audit reminders & Pennsylvania labor code alert updates
Add a recurring Friday payday paystub audit reminder directly to your phone calendar.
Employer Statutory Violation & Penalty Risk Audit
Department of Labor & State Compliance Fine Exposure in Pennsylvania
Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.
1 hour regular rate premium pay per workday missed under state law.
Waiting time statutory penalties for delayed final paycheck settlement.
Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll & multi-state compliance partners.
FLSA & PA Overtime Exemption Checklist
Determine if an employee is legally exempt from overtime under state and federal law
Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).
Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.
Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.
Managing payroll or shift workers in Pennsylvania?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
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