The rules in Pennsylvania
- Overtime after 40 hours in a workweek at 1.5 times the regular rate, under the Pennsylvania Minimum Wage Act. No daily overtime, and no premium for weekends or holidays.
- Minimum wage: $7.25 an hour (the federal rate) in 2026, so overtime is at least $10.88.
- Bonuses count. Non-discretionary bonuses, such as production or attendance bonuses, are part of the regular rate used for overtime.
- Meal breaks are only required for workers under 18 (30 minutes after 5 hours).
- Where state and federal law differ, the rule that pays the worker more applies.
Salaried workers: no “half-time” overtime
Federal law lets some employers pay salaried non-exempt workers only half their rate for overtime (the “fluctuating workweek” method). In 2019 the Pennsylvania Supreme Court ruled this is not allowed in Pennsylvania (Chevalier v. General Nutrition Centers). Salaried non-exempt workers must get 1.5 times their regular rate for hours over 40.
Example: a $900 weekly salary for a 50-hour week. Under the federal half-time method, overtime would be 10 × ($900 ÷ 50 ÷ 2) = $90. In Pennsylvania, the salary covers 40 hours, so the regular rate is $22.50 and overtime is 10 × $33.75 = $337.50.
Worked example (hourly)
Five 10-hour days at $18 an hour: 50 hours. That is 40 × $18 = $720 plus 10 × $27 = $270. Gross: $990.
Sources: Pennsylvania Department of Labor & Industry: Wage FAQs · Chevalier v. General Nutrition Centers (Pa. 2019) · US Department of Labor: Overtime Pay
Questions
Does Pennsylvania have daily overtime?
No. Pennsylvania requires 1.5 times the regular rate for hours over 40 in a workweek. Long shifts are not overtime on their own.
What is the minimum wage in Pennsylvania in 2026?
$7.25 an hour, the same as the federal minimum wage.
How is overtime calculated for salaried workers in Pennsylvania?
For salaried non-exempt workers, the salary is treated as pay for the first 40 hours. Hours over 40 are paid at 1.5 times that hourly rate. The federal half-time method is not allowed in Pennsylvania.