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PA · state labor law, 2026

Pennsylvania labor laws: minimum wage, overtime, leave, final pay and breaks

Pennsylvania writes its own $7.25 into state law but sets tighter rules than federal law for tipped staff.

Pennsylvania and federal rules checked on official sources on · Checked by Radif Partners · How we calculate

Minimum wage now
$7.25/h
statewide
Next change
none announced
checked October 11, 2026
Tipped cash wage
$2.83/h
tips must make up the rest
Overtime
40 h/week
state law
Paid sick leave
no state law
employer policy
Paid family leave
no program
FMLA is unpaid

Pennsylvania's minimum wage is $7.25 an hour in 2026, set by the state Minimum Wage Act at the same level as federal law and unchanged since 2009. The state's real departures from federal law concern tipped work: the cash wage is $2.83 an hour instead of the federal $2.13, a tip credit is allowed only for staff who receive more than $135 a month in tips, and tip-credited workers may spend no more than 20% of their weekly hours on duties that bring no tips. Card processing fees cannot be taken out of tips. A full-time job at the minimum pays $15,080 a year before taxes. Overtime is owed after 40 hours a week, and the exemption salary level is the federal $684. There is no statewide paid sick leave and no paid family leave insurance. Final wages are due by the next regular payday.

State

Pennsylvania

Before taxes, without tips.

Gross pay for this week in Pennsylvania

$290

Time and a half after 40 hours in a week

Minimum wage in Pennsylvania now$7.25 an hour
Your rate against itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shiftNone for adults (minors only)
Final paycheck if firedby the next regular payday
Unused vacation at the endPaid out if the employer policy or contract says so
Paid family leaveNo state program

40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.

The tip rules that set Pennsylvania apart

On paper Pennsylvania and federal law share one wage. In a restaurant the picture changes. The Department of Labor & Industry (L&I) requires a cash wage of at least $2.83 an hour, so the employer can credit at most $4.42 of tips toward the $7.25 floor. The credit is available only for employees who customarily receive more than $135 a month in tips, against $30 under federal rules, and only while side work such as rolling silverware or cleaning stays at or under 20% of the week. Above that share, the hours must be paid at the full minimum. Since 2022, employers have also been barred from deducting credit card or payment processing fees from tips.

A worked case shows how the guarantee works. A server logs 30 hours and earns $100 in tips. The law requires $217.50 for the week; cash wages of $84.90 plus tips reach $184.90, so the employer must add $32.60. The calculator below runs the same check for your own week.

Do your tips cover the minimum wage?

Employer top-up owed per hour

$0.42

Cash wage$2.83
Cash wage + tips$6.83
Minimum wage in Pennsylvania$7.25
Top-up over a 30-hour week$13
Minimum wage by state →

Overtime, with a hospital exception

Time and a half applies after 40 hours in a workweek, with no daily trigger. A warehouse worker paid $19 an hour who works five 9-hour shifts earns $902.50 for the 45-hour week, including $142.50 of overtime. L&I follows the federal duties tests for salaried exempt staff and the federal salary level of $684 a week. Hospitals and residential care facilities may instead use the federal 8-and-80 system, which counts overtime after 8 hours in a day or 80 hours in a 14-day period. The exemption guide covers the duties side.

No state leave mandate

Pennsylvania has no statewide law requiring paid sick days from private employers and runs no paid family leave insurance program. For longer absences, the federal FMLA gives up to 12 weeks of unpaid leave with your job protected, provided the employer has 50 or more employees nearby and you have worked 1,250 hours in the past year. The FMLA eligibility check walks through each test.

Breaks are owed to teenagers only

Adults have no right to a meal or rest break under Pennsylvania law. Workers aged 14 through 17 must get at least 30 minutes after five consecutive hours. When an employer chooses to give a short break, under 20 minutes, to anyone, that time is paid.

When the job ends

Whether you quit, are laid off or are fired, everything earned is due by the next scheduled payday. Vacation, sick and severance pay are owed only if a policy or contract promises them, so the handbook settles that question. L&I's Bureau of Labor Law Compliance takes wage complaints, and an employment lawyer can look at your facts if the amount is large.

Pennsylvania employment rules at a glance, 2026

Minimum wage schedule

Pennsylvania minimum wage rows for 2026 and any announced 2027 rate.
FromWho it coversRateNote
July 24, 2009Statewide$7.25Unchanged throughout 2026

Workers covered by both laws get the higher rate. Sub-minimum rates only with special certificates (students, learners, workers with disabilities). Read the Pennsylvania rule.

Overtime

Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. Hospitals/care facilities may use the FLSA 8-and-80 system. source

Sick leave and family leave

Pennsylvania has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law; Philadelphia and Pittsburgh have their own local ordinances (not verified here).

No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.

Final paycheck and unused vacation

Fired or laid off: by the next regular payday. Quitting: by the next regular payday. Vacation: Vacation, sick and severance pay are owed only under the employer's policy or contract.. source vacation rule

Meal and rest breaks

No meal break is required for adults by state law. No paid rest break is required for adults. Minors aged 14-17: a break of at least 30 minutes after 5 consecutive hours. Breaks under 20 minutes that an employer chooses to give must be paid. source

Unions and dismissal

Pennsylvania has no right-to-work law, so a union contract may require a fee from the workers it covers. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract.

Also worth knowing in Pennsylvania

  • Employers may not deduct credit card or other payment processing fees from employees' tips (rule in effect since August 5, 2022). source
  • A tip credit can only be taken for workers who receive at least $135 a month in tips, stricter than the federal $30 threshold. source

Questions people ask

What is the tipped minimum wage in Pennsylvania in 2026?

It is $2.83 an hour in cash wages, higher than the federal $2.13. The employer may count up to $4.42 of tips toward the $7.25 minimum, but only for employees who regularly receive more than $135 a month in tips. If cash wages plus tips fall short of $7.25 an hour in a week, the employer must pay the difference.

Can my PA employer take card fees out of my tips?

No. Since August 5, 2022, Pennsylvania rules forbid employers from deducting credit card or other payment processing fees from employee tips. The full tip left on a card belongs to the worker, subject to a valid tip pool. If fees are being withheld, the Department of Labor & Industry accepts complaints through its Bureau of Labor Law Compliance.

Am I entitled to a lunch break in Pennsylvania as an adult?

No state law requires meal or rest breaks for workers aged 18 and over in Pennsylvania. Only minors aged 14 through 17 must receive a break of at least 30 minutes after five consecutive hours. If your employer does offer a break shorter than 20 minutes, that time must be paid. Many employers provide meals by policy or union contract.

Does Pennsylvania require payout of unused vacation days?

Only when the employer has a policy or a contract that promises it. Pennsylvania treats vacation, sick and severance pay as wages owed at separation if such a promise exists, and in that case they are due with the final wages by the next scheduled payday. Without a written policy or agreement, unused days can be forfeited when the job ends.

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on