Pennsylvania Construction Laborer Overtime & Pay Rules
Side-by-side statutory audit of Construction Laborer hourly wages, 1.5x overtime thresholds, shift benchmarks ($22.50/hr median), and meal break penalty pay under 43 P.S. § 333.104.
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.
Pennsylvania Construction Laborer Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
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.
In Pennsylvania, a Construction Laborer is entitled to a minimum statutory base wage of $7.25/hr (State industry median: $22.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under 43 P.S. § 333.104.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Construction Laborers in Pennsylvania
Non-Exempt (Eligible for 1.5x Overtime & Davis-Bacon Prevailing Wages)
Manual labor positions cannot be classified as exempt executive or administrative employees under 29 CFR § 541.3.
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.
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.
Audit Pennsylvania Construction Laborer Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Construction Laborers in Pennsylvania.