The Fair Labor Standards Act (FLSA), enacted and enforced by the U.S. Department of Labor, establishes national standards for minimum wage and overtime. The Pennsylvania Department of Labor is responsible for upholding the FLSA, as well as additional Pennsylvania-specific labor laws. If you are a Pennsylvania employee, it is important that you familiarize yourself with these Federal and state laws so that you know when your rights are being violated.

Pennsylvania Overtime

Pennsylvania overtime refers to any hours worked in excess of 40 in a workweek. The term “workweek” has a specific legal definition: seven consecutive days, beginning on whatever day the employer chooses. However, the workweek must always begin on that same day for the duration of an individual’s employment. Two or more workweeks cannot be averaged to determine overtime hours. Each week stands on its own.

Not everyone is entitled to overtime in Pennsylvania. The law has categories of worker types and business types that are exempt. For non-exempt employees, overtime pay in Pennsylvania is 1.5 times an employee’s regular rate of hourly pay. According to Pennsylvania labor law:

* The regular rate of pay must include any commissions or other performance-based bonuses, but not holiday bonuses or any other kind of cash incentive that isn’t measurable by work performance.
* A salaried employee may be eligible for overtime. Exemptions exist only for those who are in executive, administrative, or professional positions, and who make at least $455 a week in salary. A salaried employee’s regular rate of hourly pay is his or her salary divided by weeks in the year and hours in a workweek. In other words, salary ÷ 52 ÷ 40.
* In cases where Federal and state labor laws conflict, the law giving the most benefit to the employee is upheld. Therefore, while the FLSA restricts employees making $100,000 a year or more from being entitled to time-and-a-half pay, Pennsylvania overtime law does not put a cap on salaries that qualify for overtime.
* Computer workers are entitled to overtime pay in Pennsylvania, even though they are considered exempt under the FLSA.

Pennsylvania Minimum Wage

The minimum wage in Pennsylvania is the same as the national minimum wage: $7.25 an hour. Employees that are not exempt (see above) must be paid at this rate, irrespective of the method of payment. That is, day laborers, tipped employees (at least $30 a month), and employees working on a piece rate or commission basis must make at least $7.25 an hour when their total pay is divided by their hours worked. If tipped employees do not make enough in tipped wages to equal the minimum wage, their employer must cover the difference.

If you believe you have had wages withheld from you, this wage and hour law information cannot replace professional legal advice

Pennsylvania auto insurance requirements are very unique when it comes to the first party benefits portion of the policy. Unlike many other states, Pennsylvania’s first party benefits are the only “not guilty” portion of the coverage that is required by the state’s laws. These insurance applies to you and you household family members, thus the “first party” designation. I will try to explain these coverages in a way that I hope will help guide you toward making a better informed decision on what limits will best cover your family.

Medical expense coverage is required in the amount of $5000 for each automobile you insure on your policy. This coverage is considered primary in Pennsylvania and will pay before any other insurance when you are injured in an automobile accident. You and any of your family members will be covered for up to $5000 in medical expenses each. Pennsylvania auto insurance law requires each company to offer up to $100,000 in medical expense coverage. For clients who do not currently carry major medical insurance I would advise carrying a higher limit of medical expense coverage.

Income loss coverage is not mandatory in Pennsylvania but it is a very affordable coverage. Consider adding this coverage to protect your potential lost salary in the event that you are injured in an automobile accident. I’d like to remind you that this is also a “no fault” coverage which means that irregardless of who is at fault your lost wages will be paid by your insurance policy. Limits up to $100,000 and as low as $5,000 can be added to your policy for very minimal cost.

Funeral benefit and adeath benefits due to accident insurance are both available as add-ons. Neither of these coverages are mandatory but are relatively inexpensive to add. If you think a dollar or two is worth covering yourself and family for these unforeseen expenses, you’ll want to add this coverage.

Extraordinary Medical Expenses is a coverage that was assigned to the insurance companies when the state of Pennsylvania decided its CAT fund could no longer afford to exist. This coverage covers the medical expenses beginning at 100,000 and up to 1,000,000. If you are adding this coverage to your policy you need to be sure that you are carrying $100,000 on the medical expense portion or you will have a huge gap in coverage.