Many hourly workers unknowingly are underpaid for the work that they do. For example, they may not be paid minimum wage, they may not be getting the overtime pay that they are entitled to or they may be working through paid breaks.
If you are working in a restaurant, bar or you are an hourly worker in another industry in Pennsylvania, it is important that you understand how wage and hour law applies to you. In doing so, you will be able to take action against your employer if they are underpaying you and even gain back pay that you are owed. The following is an overview of wage and hour laws in Pennsylvania.
The minimum wage in Pennsylvania
The minimum wage in Pennsylvania is currently set to $7.25. This applies to all non-exempt employees — workers who do not earn a salary and tend to have manual tasks rather than involvement in corporate decision-making.
Non-exempt employees have the right to overtime pay
As a non-exempt employee, you must be paid at least $7.25 for the first 40 hours you work in a given workweek. However, any hours worked over 40 must be paid at the overtime rate, which is 1.5 times your normal rate of pay.
Your employer is not allowed to offer comp time in place of payment
Some employers try to offer employees time off as compensation for not paying overtime pay. However, this is not legal. You always have the right to get 1.5 times your normal rate of pay if you are asked to work overtime.
Should I be paid for breaks?
Your employer does not have to offer breaks if you are over 18. However, if your employer offers a break that is less than 20 minutes, you must be paid for this break.
If you believe that you have not been paid what you deserve for the work that you have done, it is important that you take action to gain back pay owed by your employer.