Who is exempt
Executive, administrative and professional staff who meet the duties tests and are paid a salary of at least $684 a week. Job titles do not decide exempt status. Source: pa.gov↗ (opens in a new tab)
Comp time instead of overtime
Comp time instead of overtime pay is not legal. Source: pa.gov↗ (opens in a new tab)
Industry-specific rules
Hospitals and places caring for the sick, aged or mentally ill may agree with staff to count overtime over 80 hours in 14 days plus 8 hours a day. Source: pa.gov↗ (opens in a new tab)
Penalties
The Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance enforces this rule; penalty amounts aren't set out in the guidance linked here. Source: pa.gov↗ (opens in a new tab)
The law and where to check
The agency: Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)
Free tool: work out overtime pay with our State Overtime Calculator.
Overtime checklist for Pennsylvania employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
- Set your workweek (a fixed, repeating 7-day period).
- Track all hours worked, including daily hours if your state has daily overtime.
- Pay overtime at 1.5 times the regular rate, including bonuses where required.
- Use our free State Overtime Calculator to check the numbers.
- Keep time and pay records.
More Pennsylvania employment law guides
- All Pennsylvania employment laws
- Pennsylvania final paycheck law
- Pennsylvania paid sick leave law
- Pennsylvania meal and rest break laws
- Pennsylvania pay frequency law
- Pennsylvania vacation and PTO payout law
- Pennsylvania new hire reporting
- Pennsylvania at-will exceptions
Overtime laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.