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Pennsylvania Overtime Laws

Pennsylvania workers have a powerful advantage: a **3-year statute of limitations** to recover unpaid wages under the Pennsylvania Minimum Wage Act (PMWA)β€”one year longer than the standard federal limit. If you have been denied overtime or misclassified in Pennsylvania, you can recover back wages from further in the past.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Pennsylvania vs. Federal Overtime Laws

πŸ”‘ Key Fact: The 3-Year Advantage

The most important difference for Pennsylvania workers is time. While federal law typically limits recovery to 2 years, the Pennsylvania Minimum Wage Act (PMWA) allows you to recover unpaid overtime for up to 3 years. This can effectively increase your total recovery by 50% compared to a standard federal claim.

What's the Same

What's Different (PA Advantages)

  • Statute of Limitations: 3 Years (Automatic) vs 2 Years (Federal)
  • No "Fluctuating Workweek": Must pay 1.5x (0.5x method banned)
  • No "De Minimis" Rule: Even small amounts of work (1-2 mins) must be paid
  • Stricter Exemptions: No "Highly Compensated" or "Computer Pro" shortcuts
  • Tipped Wages: $2.83/hr (vs $2.13 federal)
  • Portal-to-Portal: Security checks & walking time often compensable

Common Pennsylvania Overtime Violations

🏭 Manufacturing "Portal-to-Portal"

PA rejects federal "Portal-to-Portal" exclusions. Time spent passing security, walking to the line, or donning gear is often compensable work time in PA, even if excluded under federal law.

πŸ’» IT & Computer Misclassification

PA does not recognize the federal "Computer Professional" exemption. Many IT support staff and helpdesk workers are owed 1.5x overtime under state law.

β›½ Marcellus Shale Day Rates

Oil and gas field workers are often paid a flat "day rate" with no overtime. PA law requires 1.5x pay for hours over 40, protecting your true earnings.

⏱️ "De Minimis" Time Theft

The PA Supreme Court rejected the "De Minimis" rule. If you work 2-3 minutes off-the-clock every day (booting computers, locking up), you must be paid for it.

πŸ“‰ Illegal "Chinese Overtime"

Pennsylvania BANS the "fluctuating workweek" method (0.5x overtime). Employers MUST pay full 1.5x overtime for salaried non-exempt workers.

🍱 Auto-Deduct Lunch

Hospitals often auto-deduct 30 mins for lunch. Since PA rejects "de minimis," even short interruptions to your break require you to be paid for the entire break.

Common Violations in Pennsylvania Industries

🏭 Manufacturing & Steel

From Pittsburgh steel to York factories, manufacturing workers face specific violations:

  • Unpaid "gang time" (waiting for line start)
  • Donning/doffing uniforms unpaid
  • Rounding hours down (always in company favor)
  • Shift differentials excluded from OT rate

πŸ₯ Healthcare Systems

Large health systems in Philadelphia and beyond frequently underpay staff:

  • Automatic Meal Deductions: The #1 violation
  • Home health aides traveling between clients unpaid
  • 12-hour shifts miscalculated
  • "Per diem" rates excluding overtime premium

πŸ“¦ Warehousing (Lehigh Valley)

The logistics hubs in Lehigh Valley are hotspots for wage theft:

  • Security screening time unpaid (Amazon cases)
  • "Productivity bonuses" excluded from OT rate
  • Temp agency joint-employer violations
  • Shaving time from timecards

⚑ Energy & Utilities

Field workers in rural PA face unique pay schemes:

  • Day rates without overtime
  • Travel time to remote sites unpaid
  • On-call time restrictions uncompensated
  • Straight time for overtime hours

What You Can Recover in Pennsylvania

Pennsylvania Wage Payment & Collection Law

πŸ’° Unpaid Wages + 25% Damages

Under PA state law, you can recover all unpaid wages plus 25% liquidated damages (or $500, whichever is greater). While FLSA offers 100% damages, PA allows you to go back 3 years instead of 2.

βš–οΈ Strategic Filing (Best of Both Worlds)

We often file "hybrid" lawsuits: claiming federal double damages for the most recent 2 years, and PA state damages for the 3rd year. This maximizes your total payout.

πŸ“‹ Attorney Fees

Pennsylvania law mandates that employers pay your legal fees if you win. This forces settlements and protects your recovery.

⏱️ The 3-Year Lookback Rule

Most states are limited to the federal 2-year statute of limitations. Pennsylvania's 3-year rule allows you to recover an entire extra year of back pay. For a worker owed $10,000/year, this means recovering $30,000 (plus damage) instead of just $20,000.

⚠️ Do not delay. Claims expire every single day.

Why Pennsylvania Law is Better Than Federal FLSA

While federal law provides a baseline, the Pennsylvania Minimum Wage Act (PMWA) offers significantly stronger protections. We file under state law whenever possible to maximize your recovery.

πŸšΆβ€β™‚οΈ
"Portal-to-Portal" Paid
PA rejects federal exclusions. Walking to your station and security checks are paid work time.
πŸ“…
3-Year Claims
Recover wages for 3 years back (automatic), compared to just 2 years under federal law.
⏱️
No "De Minimis"
Every minute counts. PA courts explicitly rejected the federal rule that ignores "small" amounts of work.
🚫
Full 1.5x Overtime
PA bans the "Fluctuating Workweek" (0.5x). Salaried workers must be paid the full Time-and-a-Half rate.
πŸ›‘οΈ
Stricter Exemptions
No "Highly Compensated" or "Computer Professional" loopholes. More workers qualify for overtime.

πŸ’° Pennsylvania Law Puts More Money in Your Pocket

Don't let employers use federal loopholes to underpay you.

Why Choose Our National Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help Pennsylvania workers recover unpaid wages through our network of skilled Pennsylvania attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage and hour expertise and local court advantage.

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We Level the Playing Field

Large employers have legal teams. With our national network, so do you.

Frequently Asked Questions

How far back can I sue for unpaid overtime in Pennsylvania?

The Pennsylvania Minimum Wage Act (PMWA) allows for a 3-year lookback (vs. 2 years federal).

What damages can I recover in PA?

You can recover unpaid wages plus 25% liquidated damages (or $500, whichever is greater).

What is the minimum wage in Pennsylvania?

It defaults to the federal $7.25/hour, but many employers pay more.

What is the tipped minimum wage in PA?

The rate is $2.83 per hour. Steps must be taken to ensure tips make up the difference.

Can my employer use the "Fluctuating Workweek" method in PA?

No. PA creates a strict ban on the 0.5x overtime calculation method.

Does Pennsylvania follow federal "Portal-to-Portal" rules?

No. PA law often requires pay for security checks and walking time that federal law excludes.

Does Pennsylvania recognize the "De Minimis" rule?

No. In PA, you must be paid for all time worked, even small amounts like 1-2 minutes.

Can I hold joint employers liable?

Yes. PA law supports holding both a staffing agency and the client company liable for wages.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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