Pennsylvania Overtime Laws (2026): PMWA Rules, Salary Tests, and Regular Rate Math

Why Pennsylvania Deserves Its Own Page

Pennsylvania has its own wage statute, the Pennsylvania Minimum Wage Act (PMWA), and in a few important places it is stricter than the federal FLSA. Employers that run one national payroll rule set are the ones that get caught here.

The headline rule is familiar: 1.5x your regular rate for hours over 40 in a workweek, no daily overtime. The details are where Pennsylvania diverges.

2026 Snapshot

| Item | Pennsylvania (2026) | Federal |

| --- | --- | --- |

| Minimum wage | $7.25/hour | $7.25/hour |

| Tipped minimum cash wage | $2.83/hour | $2.13/hour |

| Tip credit threshold | $135/month in tips | $30/month |

| Overtime threshold | 40 hours/week | 40 hours/week |

| Daily overtime | None | None |

Check your paystub against the Pennsylvania overtime pay calculator.

Where the PMWA Is Stricter Than Federal Law

1. No fluctuating workweek method. Pennsylvania courts have held the PMWA does not permit the half-time fluctuating workweek calculation that the FLSA allows. In Pennsylvania, a salaried non-exempt employee's overtime is generally computed at full time-and-a-half on the regular rate, not the half-time premium. If your employer uses the method described in our fluctuating workweek guide, that math is likely wrong for PA hours.

2. Narrower exemption language. The PMWA's exemption definitions do not mirror every federal carve-out. Some roles that are exempt under the FLSA — certain computer employees and highly compensated employees, for example — can still be owed overtime under Pennsylvania law.

3. Tip credit rules. Pennsylvania requires a higher monthly tip threshold before an employer may take a tip credit, and restricts tip pooling and service-charge practices. Details in Overtime Pay for Tipped Employees.

Regular Rate: The Step Most Employers Skip

Overtime is 1.5x your regular rate, not 1.5x your base hourly wage. The regular rate includes:

• Non-discretionary bonuses (production, attendance, safety)
• Shift differentials
• Commissions
• Most non-cash compensation tied to performance

Example: Devon earns $22/hour in Pittsburgh, works 46 hours, and earns a $120 attendance bonus.

• Straight-time earnings: 46 x $22 = $1,012, plus $120 bonus = $1,132
• Regular rate: $1,132 / 46 = $24.61
• Overtime premium owed: 6 x ($24.61 x 0.5) = $73.83
• Total due: $1,132 + $73.83 = $1,205.83

Paying 6 x $11 = $66 in premium — which is what happens when the bonus is ignored — shorts Devon by nearly $8 that week and hundreds over a year. Use the weighted average overtime calculator guide to verify multi-rate weeks.

Who Is Actually Exempt in PA

Pennsylvania recognizes executive, administrative, and professional exemptions, applied through PMWA duties tests along with the federal salary threshold. If two tests conflict, the employee gets the more protective outcome. Practical red flags:

• Salaried shift supervisors who mostly do the same work as their crew
• Inside sales staff classified as outside sales
• IT support staff labeled "computer professionals" while doing help-desk work
• Independent contractor labels on workers who are directed and scheduled like employees — see Do 1099 Contractors Get Overtime?

Filing a Claim

• . Save schedules, punch data, and paystubs, and write down what you actually worked each week.
• . Send payroll a short written correction request.
• . File a wage complaint with the Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance, or a federal claim with the DOL's Wage and Hour Division.
• . PMWA claims generally have a three-year window. FLSA claims are two years, or three if willful.

Official sources: PA Department of Labor & Industry and the U.S. DOL overtime page.

Related Guides

• Pennsylvania Overtime Pay Calculator
• What Is Your Regular Rate of Pay?
• Salaried Non-Exempt Overtime Pay
• Pay Stub Requirements by State
• Overtime Statute of Limitations and Back Pay

Frequently Asked Questions

Does Pennsylvania have daily overtime?

No. Overtime in Pennsylvania is owed for hours worked over 40 in a single workweek. Long individual shifts do not trigger a premium on their own.

Can my Pennsylvania employer use the fluctuating workweek method?

Generally no. Pennsylvania courts have held the PMWA does not allow the half-time fluctuating workweek calculation, so full time-and-a-half on the regular rate applies to PA hours.

What is the Pennsylvania minimum wage in 2026?

Pennsylvania's minimum wage remains $7.25 per hour, matching the federal rate. The tipped cash wage is $2.83 per hour when a valid tip credit applies.

Are bonuses included in Pennsylvania overtime pay?

Yes. Non-discretionary bonuses, shift differentials, and commissions must be added into the regular rate before overtime is calculated.

How long do I have to file an overtime claim in Pennsylvania?

PMWA claims generally allow three years. Federal FLSA claims allow two years, extended to three years for willful violations.