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Pennsylvania overtime rules

Pennsylvania requires time and a half after 40 hours in a workweek — the same threshold as federal law, with no daily overtime rule.

Verified against the US Department of Labor.

Your week

Decimal (46.5) or hours and minutes (46:30).

Attendance, production, safety bonuses and shift differentials count. Gifts and reimbursements do not.

What you are owed

Regular rate of payBase rate plus bonus, per hour
$25.26
Straight time40.00 hrs at the regular rate
$1,010.43
Overtime6.00 hrs at 1.5×
$227.35
Double timeNone this week
$0.00
Total gross$1,237.78
Your overtime rate is higher than your hourly rate$9.78 more Your regular rate of pay is $25.26, so your overtime rate is $37.89, not $33.00. Paying overtime at $33.00 would leave you $9.78 short this week.

The rule in Pennsylvania

In Pennsylvania, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.

What counts toward your regular rate

Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.

Counts

  • Your hourly pay for every hour worked, at each rate you worked
  • Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
  • Commissions
  • Shift differentials for nights, weekends or hazardous work

Does not count

  • Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
  • Expense reimbursements
  • Pay for time not worked: vacation, holidays, sick days

A worked example

Pennsylvania, 46 hours with a $150 production bonus.Your overtime is not 1.5 × $22. The bonus is spread across all 46 hours first, lifting your regular rate to $25.26, which makes your overtime rate $37.89 instead of $33.00. Paying overtime at $33.00 would leave you $9.78 short for the week.

Common mistakes employers make in Pennsylvania

  • Paying final wages after the next regular payday. Pennsylvania uses the same deadline whether the employee quit or was fired.
  • Ignoring a written vacation payout promise. Pennsylvania does not require payout, but a written policy that promises it is an enforceable wage obligation.
  • Letting wages stay unpaid more than 30 days past payday without a good-faith dispute. Pennsylvania then adds liquidated damages of 25% of the wages or $500, whichever is greater.

Other Pennsylvania pay rules worth knowing

  • Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
  • Unused PTO: No statute requires payout. A written policy promising it becomes an enforceable wage obligation.
  • Late final pay: Liquidated damages of 25% of the wages due or $500, whichever is greater, once wages remain unpaid 30 days past the payday and there is no good-faith dispute.

Pennsylvania final paycheck law and deadline calculator →

Pennsylvania overtime: common questions

Does my employer have to pay overtime if they didn't approve it?

Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Pennsylvania as everywhere else under federal law.

Does my bonus change my overtime rate?

Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.

Does Pennsylvania have its own overtime law?

Yes. The Pennsylvania wage law requires time and a half after 40 hours in a workweek — the same threshold as the federal Fair Labor Standards Act, with no daily rule. Where both laws apply you get whichever is more generous, so in practice the 40-hour weekly rule governs.

What is a workweek, and can my employer change it?

A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.

If you think you were underpaid

  1. Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
  2. Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
  3. File a wage claim — File a wage complaint with the PA Department of Labor and Industry, Bureau of Labor Law Compliance. It is free, and you do not need a lawyer.
  4. Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.

Spotted something wrong? Report an error.

Other states that also follow the 40-hour weekly rule with nothing added: District of Columbia, Illinois and Montana.

Work across a state line? New Jersey overtime rules and New York overtime rules.