Delaware County, PA Wage and Hour Law

Current Minimum Wage in Pennsylvania

The federal Fair Labor Standards Act (FLSA) sets the “floor” minimum wage for eligible workers in the U.S. This means most workers can't be paid less than the federal minimum wage, which is currently $7.25 an hour. But, many states and some local governments set their own minimum wage. Workers are entitled to be paid the highest minimum wage that applies where they work, whether it is set by federal, state, or local law. 

Your Pennsylvania employer is legally allowed to pay you less than the minimum wage, as long as you earn enough in tips to bring your hourly rate up to the Pennsylvania minimum. You can also be required to share or pool your tips with other employees, in some circumstances. 

If you earn tips, you should know the rules about

• what counts as a tip
• how much your employer must pay you in addition to your tips, and
• whether and how much you can be required to contribute to a tip sharing arrangement (also called a “tip pool”).

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In Pennsylvania, you are not entitled to paid rest breaks.

Although many employees get meal and rest breaks during the workday, these breaks aren’t legally required everywhere. Federal law doesn’t require employers to give employees time off to eat or rest during their shifts. Employees are entitled to these breaks only if their state requires it.  

The federal Fair Labor Standards Act (FLSA) doesn’t require employers to give breaks, but it does regulate when employers have to pay for breaks they choose to give. 

Should Your Breaks Be Paid?

The FLSA requires employers to pay employees for all hours worked, including time the employer may classify as a “break.” An employer does not have to pay for longer meal breaks during which the employee is relieved of all work duties.

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The rules for paid sick and family leave have changed rapidly in response to COVID-19. In March of 2020, Congress passed the Families First Coronavirus Response Act, which required many employers to start providing some paid time off to employees affected by COVID-19 by the beginning of April. The leave provisions of the law expired at the end of 2020, however.

Employers in most states are not legally required to offer paid time off to employees, although many choose to do so.  more...  

Your employer can garnish your wages in Pennsylvania if ordered to do so. When an employer garnishes your wages, it withholds a portion of your pay and gives it to another person or business to whom you owe money. Under federal law, Pennsylvania employers may garnish a portion of an employee’s wages because the employer has been ordered to do so by a court or through some other legal procedure by a creditor.

Your wages may be garnished in Pennsylvania if you have:

• unpaid credit card debt and the credit card company seeks repayment
• failed to pay child or spousal support
• defaulted on a student loan, or
• unpaid taxes due and the taxing authority seeks payment.

Wage garnishment happens when an employee has an unpaid debt (unrelated to employment) and the creditor of the debt seeks payment. Generally speaking, your employer must garnish your wages when ordered to do so. But, there are limits on how much of your earnings may be garnished, and on how your employer responds to the garnishment. And, some states go further than federal law in limiting the amount an employer may withhold from your wages.

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If you have an overtime, minimum wage violation, or other wage and hour claim against your employer, you can complain within your company, file a wage claim (in most states), or file a lawsuit to assert your rights. 

If your employer has not paid you the full minimum wage, has not paid you overtime you earned, has not paid you for every hour worked, has required you to work through unpaid breaks, or has illegally kept your tips (among other things), you may have a legal claim for wage theft. Below, we explain the most common wage law violations and provide information on how to enforce your right to be paid fairly, and on time, for all of your work.

Common Wage and Overtime Violations

If your employer hasn’t paid you fully for every hour you have worked, you may have legal claims for violation of the federal Fair Labor Standards Act (FLSA) or Pennsylvania wage and hour law. Here are some common wage theft claims.

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You don’t have to hire a lawyer to help you negotiate with your employer about unpaid wages or overtime, file a wage claim, or even file a lawsuit in Pennsylvania or federal court. At some point in the legal process, however, most people will want to at least consult with a lawyer. And, for many, it will make sense to hire a lawyer early on. 

There are many ways an employment lawyer can help you with your legal claims for unpaid wages or overtime. A lawyer can help you by:

• Figuring out whether your employer is breaking the law (that is, whether you have a claim in the first place).
• Determining how much your employer owes you, including unpaid wages or overtime, other out-of-pocket expenses, and penalties. 

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