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In general, covered, nonexempt workers working for private, for-profit employers must be paid at least the minimum wage and cannot volunteer their services.
Pennsylvania's Minimum Wage Act (MWA) requires employers to pay its employees a minimum of $7.25 per hour for all hours worked.
Section 5 of the MWA, which provides for exemptions from the minimum wage and overtime provisions, may be applicable.
Section 5(a)(6) provides that a person is exempt from receiving minimum wage and overtime pay when the employee is employed in the activities of an educational, charitable, religious, or nonprofit organization where the employer/employee relationship does not in fact exist or where the services are rendered to the organization gratuitously.
For a non-exempt employee, the PMWA requires that employees be paid for all hours worked. It does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employee would have worked otherwise.
For an exempt employee, generally they must receive their full salary in any week for which they perform any work, with very limited exceptions.
The regulatory requirements for a minor to personally appear before the issuing officer and for the minor to sign the permit in the issuing officer's presence before a work permit can be issued are currently suspended for the duration of the Governor's disaster declaration.
In lieu of a personal appearance before the issuing officer, examinations may occur by video.
The Child Labor Act has different limits on the number of hours a minor is permitted to work depending on the minor's age and whether school is in session.
School is only considered to be in session if the local school district requires minor students to attend classes at a physical location or to participate in distance learning.
If the local school district does not require distance learning, then the minor can work additional hours.
Please review the Child Labor Act to obtain specific information on the number of hours a particular minor may work when school is not in session.
There is no prohibition against an employer providing vacation time and later requiring that such vacation time be taken on a specific day(s). A private employer may direct exempt staff to take vacation or debit their leave bank account, whether for a full or partial day's absence, provided the employees receive in payment an amount equal to their guaranteed salary.
L&I is encouraging employers to be accommodating and flexible with workers. Employers may offer alternative work arrangements, such as teleworking and additional paid time off to employees. If your employee is unable to work because of exposure to or symptoms of COVID-19 and there is no paid leave available to them, they may be eligible for unemployment or workers' compensation benefits.
The PA Minimum Wage Act does not limit the number of hours that an employee over the age of 18 can be required to work.
The PA Minimum Wage Act does not limit the types of work employees over the age of 18 can work.
A collective bargaining agreement could have an impact and employees covered by them should consult with their union with further questions.
Yes, an employer may encourage or require employees to telework.
Employers can change employee pay as long as they follow the PMWA. However, under the PA Wage Payment and Collection Law (WPCL), employers in Pennsylvania are required to notify employees of their rate of pay prior to hiring them and inform employees in advance of any changes.
Under the PMWA, employers are generally only obligated to pay their employees for hours actually worked whether at home or on site.
No, employers are only required to pay employees for hours worked. Any other benefits could be offered but are not mandatory.
According to the Pennsylvania Industrial Homework Law, there are limits on employees performing tasks of assembling industrial products at home, but any other questions may have to be referred to OSHA.
When two or more employers jointly employ an employee, the employee's hours worked for both of the joint employers during the workweek are aggregated and considered as one employment, including for purposes of calculating whether overtime is due. Additionally, when joint employment exists, both joint employers are jointly and severally liable for compliance with the PMWA.
In general, covered, nonexempt workers working for private, for-profit employers have to be paid at least the minimum wage and cannot volunteer their services.
The PA Minimum Wage Act (MWA) requires employers to pay its employees a minimum of $7.25 per hour for all hours worked.
Section 5 of the MWA, which provides for exemptions from the minimum wage and overtime provisions, may be applicable.
Section 5(a)(6) provides that a person is exempt from receiving minimum wage and overtime pay when the employee is employed in the activities of an educational, charitable, religious, or nonprofit organization where the employer/employee relationship does not in fact exist or where the services are rendered to the organization gratuitously.
The PA Minimum Wage Act requires that employees be paid for all hours worked.
It does not require employers who are unable to provide work to employees to pay them for hours the employees would have otherwise worked.
Generally, salaried employees who are exempt from overtime must receive their full salary in any week in which they perform work, subject to very limited exceptions.
The PA Department of Labor & Industry encourages employers to be accommodating and flexible with workers.
Employers may offer alternative work arrangements, such as teleworking and additional paid time off to employees.
It may be permissible for an employee of a non-profit to volunteer services that are not the same or similar to the employee’s typical job duties and which are not performed during the employee's typical working hours.
The PA Industrial Homework Law prohibits the home manufacture of:
- Articles of food or drink
- Articles for use in connection with the serving of food or drink
- Toys and dolls
- Tobacco, drugs, and poisons
- Bandages and other sanitary goods
- Explosives, fireworks, and articles of like character
- The tearing or sewing of rags and articles
- The processing of which requires exposure to substances determined by the department to be hazardous to the health or safety of persons
All home manufacturing of goods is prohibited unless the department issues a permit.
You may also wish to contact OSHA regarding whether federal safety regulations apply to working from home.
When two or more employers jointly employ an employee, the employee’s hours worked for all of the joint employers during the workweek are aggregated and considered as one employment, including for purposes of calculating whether overtime is due.
Additionally, when joint employment exists, all of the joint employers are jointly and severally liable for compliance with the PA Minimum Wage Act.
The PA Child Labor Act has different limits on the number of hours a minor is permitted to work depending on the minor’s age and whether school is in session.
School is only considered to be in session if the local school district requires minor students to attend classes at a physical location or to participate in distance learning.
If the local school district does not require distance learning, then the minor can work additional hours.
Please review the Child Labor Act to obtain specific information on the number of hours a particular minor may work when school is not in session.
The regulatory requirements for a minor to personally appear before the issuing officer and for the minor to sign the permit in the issuing officer’s presence before a work permit can be issued are currently suspended for the duration of the Governor’s disaster declaration.
In lieu of a personal appearance before the issuing officer, examinations may occur by video.
Yes, employers can require employees take a COVID-19 test, regardless of whether employees are experiencing symptoms.
Employers should be aware that the PA Medical Pay Law (PDF) states that if an employer requires an employee to undergo a medical examination, including a COVID-19 test, in order to continue working, then the employer is responsible for paying for that examination unless another statute requires that examination as a condition for employment.
In addition, under the PA Minimum Wage Act, time spent at a doctor’s office waiting for an examination or receiving medical attention at direction of the employer is considered hours worked if the examination occurs during the employee’s normal working hours.
However, time spent undergoing a medical examination during a day an employee is off work is not compensable.
Employers who employ union employees are also encouraged to review the contract before requiring medical examinations.
Employees are encouraged to discuss any concerns over receiving a COVID-19 vaccine with their employers. Employers who employ union employees are encouraged to review the contract before requiring vaccinations.
during Governor Wolf's disaster declaration and in conjunction, with COVID-19, is a health care facility permitted to mandate overtime?
Act 102 does not prohibit an employer from mandating overtime if the mandation occurs due to unforeseeable emergent circumstances. Act 102 defines unforeseeable emergent circumstances to include widespread disease outbreaks. Therefore, if there is a widespread disease outbreak and that outbreak results in a mandation of overtime, there is no violation of Act 102 provided that the health care facility exhausted reasonable efforts to avoid mandation.
The Bureau would need to investigate the cause for mandating at a health care facility and whether the health care facility exhausted reasonable efforts to avoid mandation.
the regulations require that the bureau record the date of receipt on a complaint and will review and begin investigation of a complaint within 60 days of receipt. Do these regulations apply during Governor Wolf's Disaster Declaration?
The deadlines for reporting a complaint and for reviewing and beginning an investigation into a complaint are suspended for the duration of the Governor’s disaster declaration.
The bureau will continue to investigate complaints.