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New Pennsylvania Minimum Wage Requirements
Frequently Asked Questions (FAQs)
What are new minimum wage requirements in Pennsylvania, and when do the requirements take effect?
The Pennsylvania Minimum Wage Act, Act 112 of 2006 (Act) increases Pennsylvania’s minimum wage to $7.25 per hour effective July 24, 2009.
Do these requirements apply to all employers?
Most Pennsylvania employers must pay the minimum wage described in FAQ 1. Employers still have to pay overtime at a rate of 1½ times the rate of pay after 40 hours of work for covered employees.
How does the new Pennsylvania minimum wage affect tipped employees?
The minimum wage credit for tipped employees will remain at $2.83 per hour. However, an employer will have to make up the difference if the employee’s tips and the $2.83 per hour do not meet the full Pennsylvania minimum wage listed in FAQ 1. The tip credit applies only if an employee received more than $30.00 in tips during a month. If an employee does not receive more than $30.00 per month in tips, the employer must pay the regular minimum wage.
Are there any minimum wage exclusions?
The following exclusions in place before the Minimum Wage Act was amended remain:
Learners and students
An employer must apply to the Department of Labor & Industry for these two exclusions. Applications are available online.
Domestic service workers in or about the private home of an employer
Newspaper deliverers to the consumer
Workers connected with the publication of weekly, semi-weekly or daily newspaper with a circulation of less than 4,000, when the major portion of circulation is in the county where published or in a bordering county
Employees in a bona-fide executive, administrative or professional capacity
Employees in an educational, charitable, religious or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously
Employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (1) it does not operate more than 7 months a year, or (2) during the preceding calendar year the average receipts for any 6 months were not more than thirty-three and one-third percent for the other 6 months of the year
Switchboard operators employed by an independently owned public telephone company which has no more than 750 stations
Employees not subject to Civil Service Laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to the officeholder, or are appointed by the officeholder to serve on a policymaking level
What other responsibilities do employers have?
In addition to paying the correct Pennsylvania minimum wage, employers must keep accurate records of employee wages and hours, allow inspection and furnish copies of these records, when requested, to the Department of Labor & Industry, cooperate with Labor & Industry investigators, and allow the Department of Labor & Industry investigators to question employees during work hours and at the employer’s place of business. Employers must also display the Department of Labor & Industry posters explaining the Minimum Wage Act in a conspicuous place where employees normally pass and can read the posters. This poster is available for free from the Department of Labor & Industry.
Are there penalties for violating Pennsylvania’s Minimum Wage requirements?
Yes. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted.
Who enforces Pennsylvania’s Minimum Wage requirements and how can they be contacted?
The Bureau of Labor Law Compliance of the Commonwealth’s Department of Labor & Industry investigates complaints, prosecutes violations, helps assure compliance and provides information about the Commonwealth’s minimum wage requirements. Individuals may also bring claims to the courts on their own behalf. Information about the minimum wage act and complaint forms may be obtained from the following:
Altoona Regional Office:
1130 Twelfth Avenue, Suite 200
Altoona, PA 16601-3486
Telephone: 1-877-792-8198 or 814-940-6225
Harrisburg Regional Office:
1301 L&I Building
651 Boas Street
Harrisburg, PA 17121
Telephone: 717-787-4671 or 1-800-932-0665
Philadelphia District Office
110 North 8th St.
Philadelphia, PA 19107
Telephone: 215-560-1858 or 1-877-817-9497
Pittsburgh District Office
301 5th Ave.
Pittsburgh, PA 15222
Telephone: 412-565-5300 or 1-877-504-8354
Scranton Regional Office
201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
Telephone: 570-963-4577 or 1-877-214-3962