Pennsylvania employment law overview

Published: April 26, 2012 | Updated: July 1, 2018 | by Brightmine Editorial Team

Pennsylvania has laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, health care continuation coverage obligations for smaller employers, emergency responder leave and emergency road closure leave, but generally follows federal law with respect to topics such as the minimum wage and occupational safety and health.

Select Pennsylvania employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with both federal and state law.

An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.

EEO, diversity and employee relations

Key Pennsylvania requirements impacting EEO, diversity and employee relations are:

Fair employment practices

The Pennsylvania Human Relations Act (PHRA) prohibits an employer with four or more employees from discriminating on the basis of protected characteristics such as:

• Race.
• Color.
• Ancestry.
• National origin.
• Religion.
• Disability (including use of a guide or support animal).
• Age (40 years or older).
• Sex (including pregnancy, childbirth and related medical conditions).
• Educational status (diploma based on general educational development test).

Harassment on the basis of these factors is also a form of illegal discrimination and is prohibited under the PHRA.

The PHRA also prohibits retaliation against an employee who has opposed a discriminatory employment practice or who has made a charge, testified or assisted in any investigation, proceeding or hearing held under the PHRA.

Equal pay

Pennsylvania’s Equal Pay Law prohibits an employer from discriminating on the basis of sex in the rate of pay for equal work on jobs that require equal skill, effort and responsibility and are performed under similar working conditions. Different pay rates may be allowed under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex.

Access to personnel files

Upon an employee’s request, an employer must allow the employee (or a designated agent) to inspect certain records in his or her personnel file at reasonable times. The Inspection of Employment Records Law authorizes employees to inspect personnel files used to determine the employee’s qualifications for the following:

• Employment.
• Promotion.
• Additional compensation.
• Termination.
• Disciplinary action.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Recruiting and hiring

Pennsylvania law prohibits an employer from considering an applicant’s arrest records, juvenile adjudications, expunged records and summary offense convictions. An employer may, however, consider an applicant’s felony or misdemeanor convictions if they are related to the applicant’s suitability for employment in the applied-for position.

An employer must notify an applicant in writing if it decides not to hire the applicant based on his or her criminal history record.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Wage and hour

Key Pennsylvania requirements impacting wages and hours are:

Minimum wage

Pennsylvania’s minimum wage is the same as the federal minimum wage, which is currently $7.25 per hour. The Pennsylvania minimum wage increases automatically with increases in the federal minimum wage.

Overtime

Pennsylvania law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. Overtime must be compensated on a workweek basis regardless of whether the employee is compensated on an hourly wage, monthly salary, piece rate or other basis.

Child labor

Child labor laws in Pennsylvania restrict the occupations in which minors may be employed and the number of hours and times during which they may work.

All minors under the age of 18 are prohibited from working in hazardous occupations, including as a pilot, as a fireman, in certain railway positions, and in the manufacture of paints, dyes and chemicals. Minors are also limited in their ability to work in establishments that produce, sell or dispense alcoholic beverages. Minors under the age of 16 are prohibited from working in a variety of additional occupations, such as working on scaffolding or in a tunnel, or engaging in youth peddling or promotion activities.

No minor may work more than six consecutive days, except in newspaper delivery.

Minors who are 16 or 17 years of age may work:

• Up to eight hours a day when school is in session, including summer school.
• Up to 10 hour a day during school vacation periods.
• Up to 28 hours during a regular school week, including summer school.
• Up to 48 hours in a week during a school vacation period.
• During the hours of 6:00 a.m. to 12:00 a.m. when school is in session, including summer school.
• From 6:00 a.m. to 1:00 a.m. during school vacation periods.

Minors who are 14 or 15 years of age may work:

• Up to three hours on a school day.
• Up to eight hours on a nonschool day.
• Up to 18 hours during a regular school week, including summer school.
• Up to 40 hours in a week during a school vacation period.
• During the hours of 7:00 a.m. to 7:00 p.m. when school is in session, including summer school.
• From 7:00 a.m. to 9:00 p.m. during school vacation periods.

Minors may not work more than five consecutive hours without getting at least a 30-minute rest break.

Pennsylvania requires working minors to have a work permit.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Pay and benefits

Key Pennsylvania requirements impacting pay and benefits are:

Health care continuation

Under Pennsylvania’s health care continuation coverage law (also known as mini-COBRA), an employer with two to 19 employees must offer continuation of heath care coverage for up to nine months to an eligible employee and his or her covered dependents. Qualifying events that trigger continuation coverage under state law are the same as under federal law. Employees may be required to pay up to 105 percent of the monthly premium.

Payment of wages

Wages must be paid in cash or by check. Direct deposit or electronic paycards may be used under certain circumstances.

Pay frequency

Pennsylvania law requires an employer to pay employees at least twice a month, on or before the 15th and the last day of the month. Overtime wages may be paid in the next succeeding pay period.

Pay statements

Pennsylvania employers are required to provide employees with a written record of certain pay-related information, including:

• Beginning and ending dates of the pay period.
• Hours worked.
• Rates paid.
• Gross wages.
• Allowances claimed as part of the minimum wage.
• Deductions.
• Net wages.

Wage deductions

A Pennsylvania employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to welfare or pension plan contributions, union dues, child support withholding, creditor garnishments and tax levies.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Time off and leaves of absence

Pennsylvania has a few laws relating to required time off and leaves of absence for employees. These laws include:

• Jury duty leave.
• Crime victim leave.
• Emergency responder leave.
• Emergency road closure leave.
• Military leave.
• Organ or tissue donation leave (covering employers subject to the federal Family and Medical Leave Act).

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Health and safety

Key Pennsylvania requirements impacting health and safety are:

Smoke-free workplace

Pennsylvania’s Clean Indoor Air Act generally prohibits smoking in the workplace. An employer must post appropriate signage.

Safe driving practices

Pennsylvania prohibits the use of an interactive wireless communications device to send, read or write a text-based communication while operating a motor vehicle.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Organizational exit

Pennsylvania law provides that final wages are due by the next regular payday, whether the termination is voluntary or involuntary.

Whether an employer must pay a terminating employee accrued vacation pay depends on company policy.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.