What do Pennsylvania labor laws change in the schedule and the pay?
Under Pennsylvania's Minimum Wage Act, overtime is at least 1.5 times the regular rate for hours over 40 in a workweek52. Hospitals and residential care homes may instead agree a federal 14-day period, with overtime after 8 hours in a workday and 80 in the period57. The minimum wage is $7.25 an hour1 and rises with the federal minimum wage4.
A health care facility may not require an employee in direct patient care to work past an agreed, predetermined and regularly scheduled daily shift, outside the Act's exceptions8910.
Philadelphia requires 14 days' notice of schedules at retail, food and hotel employers with 250 or more employees and 30 or more locations worldwide36. Philadelphia and Pittsburgh each set sick leave1112.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Pennsylvania Department of Labor & Industry, the labor standards office of your city or a qualified advisor.
Which dates changed the rules in Pennsylvania?
- Health care overtime limits
The overtime limits of the Prohibition of Excessive Overtime in Health Care Act take effect13.
- Minimum wage: $7.25
- Philadelphia: 14 days' notice
Schedules at covered employers are posted 14 days before they start3.
- Pittsburgh: 1 hour per 30
Under the amended Paid Sick Days Act, sick time accrues at a minimum of 1 hour for every 30 hours worked in Pittsburgh1215.
Past or upcoming as of November 12, 2026.
What changes in the week in Pennsylvania?
When you build the schedule
Employees not exempt under section 5 of the Act are paid for overtime not less than 1.5 times the regular rate for all hours over 40 in a workweek25.
The employer's records show the time and day the workweek begins16.
At a health care facility, an employee in direct patient care who works more than 12 consecutive hours, whether required under an exception or by volunteering, gets at least ten consecutive hours off right after, unless they voluntarily waive it1710.
In payroll
The Department of Labor & Industry lists as violations pay below $7.25 an hour, tipped workers paid less than $2.83 an hour, a tip credit taken from workers with less than $135 in tips a month, and overtime below 1.5 times the regular rate after 40 hours in a workweek1.
When someone calls in sick
Philadelphia and Pittsburgh set sick leave by ordinance. In Philadelphia, employers with ten or more employees, and chain establishments of any size (one of 15 or more under the same trade name), give paid sick time; other employees get unpaid sick time1811. Employees accrue at least one hour for every 40 hours worked, up to 40 hours a calendar year unless the employer selects more11.
In Pittsburgh, employees accrue a minimum of one hour of sick time for every 30 hours worked in the city12. The City's guidelines apply this to employees who work at least 30 hours a year in the city19.
With a union agreement
Philadelphia's sick leave chapter does not apply to employees covered by a bona fide collective bargaining agreement, except to the extent specifically provided20. Its Fair Workweek chapter can be waived in such an agreement only if the waiver is set out in clear and unmistakable terms, and only while the agreement is in effect21.
In Pittsburgh, an employer whose collective bargaining agreement gives enough paid leave to meet the accrual rules, usable for the same purposes and under the same conditions, need not give more22. The health care Act lets an employer or facility give employees more protection from mandatory overtime than it does23.
Watch for
- Hospitals and residential care. An employer entitled to use section 7(j) of the federal Fair Labor Standards Act, and acting consistently with it, is not in violation of the state overtime rule5. Section 7(j) lets a hospital or an institution caring for residents agree with an employee, before the work, on a 14-day period with overtime after 8 hours in a workday and 80 hours in the period247.
- Local ordinances and the state Act. The Minimum Wage Act preempts and supersedes any local ordinance or rule concerning its subject matter, except an ordinance adopted before January 1, 2006 that remained in effect that day25. Whether a given local rule concerns that subject matter is a question for your counsel.
- Health care emergencies. An unforeseeable emergent circumstance includes unexpected absences discovered at or before the start of a shift that could not be prudently planned for and would significantly affect patient safety; it does not include vacancies from chronic short staffing26.
- Records kept elsewhere. Records held at a central office have to be available at the place of employment within 7 calendar days of the Department's notice16.
What changes for hospitals and nursing homes in Pennsylvania?
The Prohibition of Excessive Overtime in Health Care Act covers health care facilities, defined as facilities that provide clinically related health services; the facilities it names include hospitals, hospices, ambulatory surgical facilities and long-term care nursing facilities10. It leaves out offices used mainly for a practitioner's private or group practice, facilities that treat only by prayer or spiritual means, and religious facilities that serve only their own clergy10. Its employees are those involved in direct patient care activities or clinical care services who receive an hourly wage or are classified as nonsupervisory for collective bargaining purposes, including staff placed by a personnel agency; physicians, physician assistants, dentists and environmental, clerical, maintenance and food service workers are not10.
A facility may not require such an employee to work past an agreed, predetermined and regularly scheduled daily shift; the employee may volunteer, and refusing is not grounds for an adverse decision8. The Act does not prevent an agreed, predetermined and regularly scheduled daily shift longer than eight hours8.
The rule does not apply to on-call time, but on-call time may not be used “as a substitute for mandatory overtime or a means of circumventing the intent of this act”9. It does not apply to an unforeseeable emergent circumstance when the extra hours are a last resort, the facility has exhausted reasonable efforts to obtain other staffing, and the employee gets up to one hour to arrange family care9. Nor does it apply to finishing a patient care procedure already in progress, if the employee's absence could have an adverse effect on the patient9.
What do Philadelphia and Pittsburgh add?
Philadelphia
The Fair Workweek law covers retail, hospitality and food service employers with 250 or more employees and 30 or more locations worldwide6. Schedules are posted 14 days ahead, and a later employer change pays predictability pay327. Employers with ten or more employees, and chain establishments of any size, give paid sick time1811.
Philadelphia Fair Workweek law: schedules, predictability pay and rest
Pittsburgh
The City amended its Paid Sick Days Act from January 1, 202615. Employees accrue a minimum of one hour of sick time for every 30 hours worked in Pittsburgh, unless the employer provides a faster rate12. At employers with 15 or more employees, accrual is capped at 72 hours of paid sick time a calendar year, unless the employer designates more12. At smaller employers, the cap is 48 hours of paid sick time12.
Sick time can be used from the ninetieth calendar day of employment, and it carries over to the next year unless the employer gives the full 72 or 48 hours at the start of each year22. The City's guidelines apply the law to employees who work at least 30 hours a year in the city19.
What does an employer have to be able to show?
Pennsylvania's rules are shown with the payroll record. For each employee, kept for 3 years from the date of last entry, it includes16:
What does the law leave open?
Which local rules the Minimum Wage Act preempts. § 14.1 preempts “any local ordinance or rule concerning the subject matter of this act”, except ordinances adopted before January 1, 2006 and still in effect then. A compiler's note adds that, under Act 112 of 2006, section 14.1 did not invalidate ordinances or rules in effect on the effective date of section 7, and applies to contracts entered into or renewed on or after it25. Whether a given local rule concerns that subject matter is a question for your counsel.
Which health care roles are covered. The Act covers employees “involved in direct patient care activities or clinical care services” and excludes job classifications that are not10. Whether a given role is one of them is a question for your counsel.
What does the law say exactly?
(c) Employes shall be paid for overtime not less than one and one-half times the employe's regular rate as prescribed in regulations promulgated by the secretary: Provided, That students employed in seasonal occupations as defined and delimited by regulations promulgated by the secretary may, by such regulations, be excluded from the overtime provisions of this act: And provided further, That the secretary shall promulgate regulations with respect to overtime subject to the limitations that no pay for overtime in addition to the regular rate shall be required except for hours in excess of forty hours in a workweek. An employer shall not be in violation of this subsection if the employer is entitled to utilize, and acts consistently with, section 7(j) of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 207(j)) and regulations promulgated under that provision.
34 Pa. Code § 231.41 the overtime rate
Except as otherwise provided in section 5(a)—(c) of the act (43 P. S. § 333.105(a)—(c)), each employee shall be paid for overtime not less than 1-1/2 times the employee’s regular rate of pay for all hours in excess of 40 hours in a workweek.
Minimum Wage Act, § 4(a.1) the federal minimum wage
(a.1) If the minimum wage set forth in the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.) is increased above the minimum wage required under this section, the minimum wage required under this section shall be increased by the same amounts and effective the same date as the increases under the Fair Labor Standards Act, and the provisions of subsection (a) are suspended to the extent they differ from those set forth under the Fair Labor Standards Act.
Minimum Wage Act, § 14.1 preemption
Section 14.1. Preemption.--(a) Except as set forth in subsection (b), this act shall preempt and supersede any local ordinance or rule concerning the subject matter of this act. (b) This section does not prohibit local regulation pursuant to an ordinance which was adopted by a municipality prior to January 1, 2006, and which remained in effect on January 1, 2006. […] Compiler's Note: Section 7(1) of Act 112 of 2006 provided that the addition of section 14.1 shall not invalidate any ordinance, charter provision, resolution, rule or regulation in effect on the effective date of section 7. Section 7(2) of Act 112 of 2006 provided that the addition of section 14.1 shall apply to contracts entered into or renewed on or after the effective date of section 7.
34 Pa. Code § 231.31 records
(a) Every employer shall keep a true, accurate and legible record for each employee. The records shall be preserved for a period of 3 years from date of last entry and shall contain the following information: […] (5) Time and day that the workweek begins. […] (6) The number of hours worked daily and weekly. […] (c) Where records are maintained at a central recordkeeping office other than in the place of employment, the records shall be made available for inspection at the place of employment within 7 calendar days following verbal or written notice from the Secretary or the authorized representative of the Secretary. The records shall be maintained for a period of 3 years from date of last entry.
Health Care Act, § 3(a)-(b) no mandatory overtime
(1) A health care facility may not require an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift. […] (2) This subsection shall not be construed to prevent an employee from voluntarily accepting work in excess of these limitations. […] (i) To prevent an employee from working an agreed to, predetermined and regularly scheduled daily work shift that is greater than eight hours. […] (b) Retaliation prohibited.--The refusal of an employee to accept work in excess of the limitations set forth in subsection (a) shall not be grounds for discrimination, dismissal, discharge or any other employment decision adverse to the employee.
Health Care Act, § 3(c) the exceptions
(c) Exception.--The provisions of subsection (a) shall not apply to any of the following: (1) On-call time. Nothing in this paragraph shall be construed to permit a health care facility or employer to use on-call time as a substitute for mandatory overtime or a means of circumventing the intent of this act. (2) If an unforeseeable emergent circumstance occurs and: (i) the assignment of additional hours is used as a last resort; (ii) the health care facility or employer has exhausted reasonable efforts to obtain other staffing; and (iii) the health care facility or employer provides the employee up to one hour to arrange for the care of the employee's minor child or elderly or disabled family member. (3) When an employee is required to work overtime to complete a patient care procedure already in progress if the absence of the employee could have an adverse effect on the patient.
Health Care Act, § 3(d) ten hours off
(d) Off-duty time.--An employee who is required to work more than 12 consecutive hours per workday pursuant to subsection (c) or who volunteers to work more than 12 consecutive hours shall be entitled to at least ten consecutive hours of off-duty time immediately after the worked overtime. An employee may voluntarily waive the requirements of this subsection.
29 U.S.C. § 207(j) the hospital 14-day period
No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed.
Pittsburgh Code § 626.03(b)-(c) sick time accrual
(b) All employees of employers with fifteen (15) or more employees shall accrue a minimum of one (1) hour of paid sick time for every thirty (30) hours worked in Pittsburgh unless the employer provides a faster accrual rate. (1) Employees of employers with fifteen (15) or more employees shall be permitted to accrue no more than seventy-two (72) hours of paid sick time in a calendar year, unless the employer designates a higher amount. […] (c) All employees of employers with fewer than fifteen (15) employees shall accrue a minimum of one (1) hour of sick time for every thirty (30) hours worked in Pittsburgh, unless the employer provides a faster accrual rate. (1) Employees of employers with fewer than fifteen (15) employees shall be permitted to accrue no more than forty-eight (48) hours of paid sick time, unless the employer designates a higher amount.
How does a system hold these rules?
In Pennsylvania, weekly overtime lands on the schedule and the timecard. This is how WorkAxle holds it:
- Daily and weekly hour limits are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- Check that each site's payroll records show the time and day its workweek begins16.
- At hospitals and nursing homes, find every shift by an employee in direct patient care that ran past the scheduled daily shift, and check it was voluntary or fell under an exception8910.
- Find any employee in direct patient care who worked more than 12 consecutive hours, and check the ten hours off that followed, unless they waived it17.
- Where a hospital pays overtime on a 14-day period, check the agreement was made before the work, and overtime was paid after 8 hours in a workday and 80 in the period7.
- Count your employees and locations worldwide against Philadelphia's 250 and 30, and check that Pittsburgh sites accrue at least 1 hour per 30 hours worked since January 1, 202661215.
Sending it to finance, operations or your counsel? The link opens this page, and the printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Pennsylvania Department of Labor & Industry, the labor standards office of your city or a qualified advisor.
Frequently asked questions
Does Pennsylvania have daily overtime?
The Minimum Wage Act says no overtime pay is required except for hours in excess of forty hours in a workweek5, at not less than 1.5 times the regular rate2. A hospital or residential care establishment may instead agree a federal 14-day period with the employee before the work, with overtime after 8 hours in a workday and 80 hours in the period57.
What is the minimum wage in Pennsylvania?
$7.25 an hour, the rate the Department of Labor & Industry enforces1. The Act raises the state rate by the same amounts and on the same dates as the federal minimum wage4.
Can Pennsylvania cities set their own minimum wage?
The Minimum Wage Act preempts and supersedes any local ordinance or rule concerning its subject matter, except an ordinance adopted before January 1, 2006 that remained in effect that day25. Whether a given local rule concerns that subject matter is a question for your counsel.
Can a Pennsylvania hospital require nurses to work overtime?
The Prohibition of Excessive Overtime in Health Care Act says a health care facility may not require an employee in direct patient care to work past an agreed, predetermined and regularly scheduled daily shift810. The exceptions are three. On-call time is one, but it may not be used as a substitute for mandatory overtime9. An unforeseeable emergent circumstance is another, when the extra hours are a last resort, the facility has exhausted reasonable efforts to obtain other staffing and the employee gets up to one hour to arrange family care9. The third is finishing a patient care procedure in progress, if the employee's absence could have an adverse effect on the patient9.
Does Pennsylvania require paid sick leave?
Philadelphia and Pittsburgh set sick leave by ordinance. In Philadelphia, employers with ten or more employees, and chain establishments of any size (one of 15 or more under the same trade name), give paid sick time1811; in Pittsburgh, employees accrue a minimum of one hour of sick time for every 30 hours worked in the city12.
How long must Pennsylvania employers keep payroll records?
3 years from the date of last entry, including the hours worked daily and weekly16.
https://www.workaxle.com/compliance-center/united-states/pennsylvania