Unless they are employed in an occupation specifically exempted by the Pennsylvania Minimum Wage Act or Fair Labor Standards Act, employees must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half (1½) times their regular rate of pay. This rate is referred to as "overtime" pay.

With few exceptions, hourly employees who work more than 40 hours a week must be paid time and a half for all hours over 40.

Most salaried employees who work more than 40 hours per week and earn less than the federal salary threshold is eligible for overtime regardless of their job duties.

Most salaried employees who do NOT perform executive, administrative, or professional duties are eligible for overtime regardless of how much they are paid. 

Salaried employees who perform executive, administrative, or professional duties and make more than the salary threshold per year are NOT eligible for overtime.

Generally, an employee's regular rate is the amount that the employee is regularly paid for each hour of work. The regular rate of pay cannot be less than the Pennsylvania minimum wage, which currently is $7.25/hour. When an employee is paid on a non-hourly basis (e.g., piece work, salary), the regular hourly wage rate is found by dividing the total hours worked during the week into the employee's total earnings. For example, an employee who has piece rate earnings of $500 in a workweek for 40 hours work has a regular rate of $12.50 per hour. $500.00 total wages ÷ 40 Hours = $12.50 Per Hour Regular Rate.

Yes, federal regulations allow up to 10 percent of the salary threshold can be satisfied by nondiscretionary bonuses, incentives, and commissions paid on an annual basis.

Yes, employers are able to dictate the time of day and hours employee's work.

No. An announcement by an employer that no overtime work will be permitted, or that only overtime work authorized in advance will be paid, does not cancel the employer's obligation to pay overtime to workers for hours worked beyond 40 hours per week.

No, unless if the employee qualifies for an exception from overtime under Pennsylvania's Minimum Wage Act or federal Fair Labor Standards Act.

Employees are encouraged to speak with their employer about their right to overtime under federal Fair Labor Standards Act.

If an employer refuses to pay the overtime to a salaried employee, that employee can contact the US Department of Labor at either 1-866-487-9243 or 1-570-826-6316 . An employee can also visit www.dol.gov/agencies/whd where they will be directed to the nearest WHD office for assistance.

Employees who believe their employer wrongly misclassified them as exempt from overtime may also contact the Bureau of Labor Law Compliance. The Bureau will still investigate overtime misclassification complaints other than complaints that an employer misclassified someone as an executive, administrative or professional employee.