Pennsylvania employment law overview

Pennsylvania has laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, health care continuation coverage obligations for smaller employers, emergency responder leave and emergency road closure leave, but generally follows federal law with respect to topics such as the minimum wage and occupational safety and health. 

Select Pennsylvania employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Pennsylvania employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Pennsylvania Human Relations Act (PHRA) prohibits an employer with four or more employees from discriminating on the basis of protected characteristics such as: 

• Race; 
• Color; 
• Ancestry; 
• National origin; 
• Religion; 
• Disability (including use of a guide or support animal); 
• Age (40 years or older); 
• Sex (including pregnancy, childbirth and related medical conditions); and 
• Educational status (diploma based on general educational development test). 

Harassment on the basis of these factors is also a form of illegal discrimination and is prohibited under the PHRA. 

The PHRA also prohibits retaliation against an employee who has opposed a discriminatory employment practice or who has made a charge, testified or assisted in any investigation, proceeding or hearing held under the PHRA. 

Equal pay 

Pennsylvania’s Equal Pay Law prohibits an employer from discriminating on the basis of sex in the rate of pay for equal work on jobs that require equal skill, effort and responsibility and are performed under similar working conditions. Different pay rates may be allowed under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex. 

Pay transparency 

Pennsylvania does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Pennsylvania does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Pennsylvania does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Pennsylvania does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks  

Pennsylvania does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Upon an employee’s request, an employer must allow the employee (or a designated agent) to inspect certain records in his or her personnel file at reasonable times. The Inspection of Employment Records Law authorizes employees to inspect personnel files used to determine the employee’s qualifications for the following: 

• Employment; 
• Promotion; 
• Additional compensation; 
• Termination; or 
• Disciplinary action. 

Whistleblower protections 

Pennsylvania does not have a whistleblower law applicable to private employers. 

Scheduling 

Pennsylvania does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Pennsylvania employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Pennsylvania does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Pennsylvania does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Pennsylvania law requires contractors and subcontractors on public works projects with an estimated cost that exceeds $25,000 to verify the employment eligibility of each new employee by using E-Verify. Construction industry employers that transact business in the Commonwealth of Pennsylvania must also use E-Verify to verify the employment eligibility of new employees.  

Wage and hour 

Pennsylvania employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Pennsylvania’s minimum wage is the same as the federal minimum wage, which is currently $7.25 per hour. The Pennsylvania minimum wage increases automatically with increases in the federal minimum wage. 

Overtime 

Pennsylvania law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. Overtime must be compensated on a workweek basis regardless of whether the employee is compensated on an hourly wage, monthly salary, piece rate or other basis. 

Meal and rest breaks 

Minors may not work more than five consecutive hours without getting at least a 30-minute rest break. Special rules apply to camp counselors and child performers. 

Child labor 

Child labor laws in Pennsylvania restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors under the age of 18 are prohibited from working in hazardous occupations, including as a pilot, as a fireman, in certain railway positions, and in the manufacture of paints, dyes and chemicals. Minors are also limited in their ability to work in establishments that produce, sell or dispense alcoholic beverages. Minors under the age of 16 are prohibited from working in a variety of additional occupations, such as working on scaffolding or in a tunnel, or engaging in youth peddling or promotion activities. 

No minor may work more than six consecutive days, except in newspaper delivery. 

Minors who are 16 or 17 years of age may work: 

• Up to eight hours a day when school is in session, including summer school; 
• Up to 10 hour a day during school vacation periods; 
• Up to 28 hours during a regular school week, including summer school; 
• Up to 48 hours in a week during a school vacation period; 
• During the hours of 6:00 a.m. to 12:00 a.m. when school is in session, including summer school; and 
• From 6:00 a.m. to 1:00 a.m. during school vacation periods. 

Minors who are 14 or 15 years of age may work: 

• Up to three hours on a school day; 
• Up to eight hours on a nonschool day; 
• Up to 18 hours during a regular school week, including summer school; 
• Up to 40 hours in a week during a school vacation period; 
• During the hours of 7:00 a.m. to 7:00 p.m. when school is in session, including summer school; and 
• From 7:00 a.m. to 9:00 p.m. during school vacation periods. 

Pennsylvania requires working minors to have a work permit. 

Pay and benefits 

Pennsylvania employers may be required to follow certain requirements with respect to employee pay and benefits. 

Wage payment methods 

Wages must be paid in cash or by check. Direct deposit or electronic paycards may be used under certain circumstances. 

Pay frequency and lag time 

Pennsylvania law requires an employer to pay employees at least twice a month, on or before the 15th and the last day of the month. Overtime wages may be paid in the next succeeding pay period. 

Pay deductions 

A Pennsylvania employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to welfare or pension plan contributions, union dues, child support withholding, creditor garnishments and tax levies. 

Pay statements 

Pennsylvania employers are required to provide employees with a written record of certain pay-related information, including: 

• Beginning and ending dates of the pay period; 
• Hours worked; 
• Rates paid; 
• Gross wages; 
• Allowances claimed as part of the minimum wage; 
• Deductions; and 
• Net wages. 

Wage theft 

Pennsylvania does not have a wage theft law applicable to private employers. 

Health care continuation 

Under Pennsylvania’s health care continuation coverage law (also known as mini-COBRA), an employer with two to 19 employees must offer continuation of heath care coverage for up to nine months to an eligible employee and his or her covered dependents. Qualifying events that trigger continuation coverage under state law are the same as under federal law. Employees may be required to pay up to 105 percent of the monthly premium. 

Temporary disability insurance 

Pennsylvania does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Pennsylvania employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Pennsylvania does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Pennsylvania does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Pennsylvania has laws relating to time off and leaves of absence, including but not limited to: 

• Jury duty leave; 
• Crime victim leave; 
• Emergency responder leave; 
• Emergency road closure leave; 
• Military leave; and 
• Organ or tissue donation leave. 

Health and safety 

Pennsylvania employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Private sector employers in Pennsylvania fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing  

Pennsylvania does not have a state law that prohibits drug and alcohol testing of employees and job applicants done in conformance with an established policy, including: 

• Preemployment testing of job applicants for illegal drug use; 
• Random testing of employees for illegal drugs and alcohol; 
• Reasonable cause or suspicion of employees for illegal drug or alcohol use; 
• Post-incident drug and alcohol testing of employees, such as following an accident; or 
• Marijuana use testing. 

Smoke-free workplace 

Pennsylvania’s Clean Indoor Air Act generally prohibits smoking in the workplace. An employer must post appropriate signage. 

Weapons in the workplace 

Pennsylvania employers may create and enforce no-weapons polices for the workplace, which prohibits the worker from bringing a weapon onto the property or premises, and may ask individuals bringing firearms into their establishment to leave, at which time the individual is obliged to do so.  

Safe driving practices 

Pennsylvania prohibits the use of an interactive mobile device while operating a motor vehicle. 

Organizational exit 

Pennsylvania employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Pennsylvania law provides that final wages are due by the next regular payday, whether the termination is voluntary or involuntary. 

Whether an employer must pay a terminating employee accrued vacation pay depends on company policy. 

Mass layoffs 

Pennsylvania does not have its own version of the federal WARN Act. 

AI in employment 

Pennsylvania does not have a law related to AI in employment applicable to private employers.