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What are the overtime laws in Pennsylvania?

Pennsylvanians work in order to make a living. When you work more than 40 hours in a week, you may be entitled to receive overtime compensation for the excess hours. While most employees are entitled to be paid overtime pay for the hours that they work above 40 in a week, some workers are exempt from the overtime rules and are not entitled to receive the additional pay. The employment lawyers at Swartz Swidler may help you to determine whether you should have received overtime pay for the extra hours that you worked.

Summary of overtime laws in Pennsylvania

The relevant overtime laws in Pennsylvania include the Pennsylvania Wage Payment and Collection law and the federal Fair Labor Standards Act. Overtime pay is calculated under these laws in a couple of different ways. If you are an eligible hourly employee, you will be compensated for your overtime hours at a rate of time-and-a-half of your regular rate. If you are paid on an hourly basis and also receive commissions or bonuses, your regular rate must first be calculated. It can be found by taking your total hours time your hourly rate and then adding the amount of your expected commission or bonus. To calculate your overtime pay, you will then divide the regular pay by the total number of hours in your workweek. You can then divide that amount in half and add it to your pay for each hour of overtime that you worked.

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Schedule an appointment today.
Call (856) 685-7420 or

If you are paid a salary that is meant to pay you for working 40 hours in a week, you can find your regular rate by dividing your salary by 40 hours. For any hours that you worked above 40, you should be paid time-and-a-half. If your salary compensates you for less than 40 hours per week, you should add your regular pay for each of the hours that you worked up to 40. Any hours that you worked above 40 should then be paid at time-and-a-half.

Overtime rules in Pennsylvania

The following overtime rules apply in Pennsylvania:

  • Paid at time-and-a-half for hours worked over 40;
  • Some workers who make more than $100,000 per year may qualify;
  • No overtime pay is mandated for working more than eight hours in a day;
  • Computer workers are eligible for overtime pay; and
  • Unpaid overtime claims must be filed within two years.

Even if you are paid a salary, you may still be entitled to receive overtime pay. Exempt employees include professional, administrative and executive employees. Regardless of your job title, your weekly income and actual job duties are what determine whether you should be paid overtime. In addition to your job duties, you must also receive a minimum weekly salary of $455 to be exempt.

Contact Swartz Swidler

It can be disheartening to receive less money on your paycheck than you were expecting. If you think that your employer owes you overtime pay, talk to the employment lawyers at Swartz Swidler.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

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Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
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123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733