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pennsylvania exempt employee laws

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. domestic service workers in or about the private home of an employer, workers connected with the publication of weekly, semiweekly or daily newspaper with a circulation of less than 4,000, when the major portion of circulation is in the county where published or in a bordering county, employees in an educational, charitable, religious or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously, employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (1) it does not operate more than 7 months a year, or (2) during the preceding calendar year the average receipts for any 6 months were not more than 33-1/3 percent for the other 6 months of the year, switchboard operators employed by an independently owned public telephone company which has no more than 750 stations. movie theater employees, maple sugar processors, and some motor carrier employees from overtime pay. perform primary duties consisting of office or nonmanual work directly related to management policies or general operation of his or her employer or the customers of the employer; customarily and regularly exercises discretion and independent judgment; regularly and directly assists an employer or an employee employed in a bona fide executive or administrative capacity, who performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge, or who executes under only general supervision special assignments and tasks; devote no more than 20 percent, or, in the case of an employee of a retail or service establishment no more than 40 percent, of his or her work hours in a workweek to activities which are not directly and closely related to the performance of their primary duties; be paid a salary of not less than $155 per week, exclusive of board, lodging, or other facilities, provided that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities and whose primary duty consists of the performance of work described above, which includes work requiring the exercise of discretion and independent judgment, shall be deemed to meet all of the requirements of this section. But for most professions, an individual is an exempt employee if he or she meets the following three tests: Under Pennsylvania’s Minimum Wage Act, farm laborers, students and training apprentices, domestic servants working in private homes, golf caddies, executive, professional or administrative employees, employees of charitable, some employees of educational or nonprofit organizations and some public amusement or recreational employees are exempt from the minimum wage laws. Because the FLSA applies to virtually all enterprises involved in interstate activities, most Pennsylvania employers are covered by the federal overtime requirements. Pennsylvania exempts bona fide executive employees from its minimum wage and overtime requirements. The overtime pay in Pennsylvania is 1½ times the regular rate of pay after 40 hours worked in a workweek. It may not be fair or right, but it is not illegal. The regulation increases the EAP salary threshold under Pennsylvania law to: $684 per week ($35,568 annually) effective Oct. 3, 2020. For example, Section 13(a)(l) of the Fair Labor Standards Act (FLSA) exempts executive, administrative, professional, and outside sales employees from the minimum wage and overtime requirements of the FLSA, provided they meet certain tests regarding job duties and responsibilities and are compensated "on a salary basis" at not less than stated amounts. $780 per … Overtime compensation is 1-1/2 times the employee's straight time rate of pay. Beginning on October 3, 2021, to be … To qualify as a bona fide professional employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. To be exempt in Pennsylvania, employees must earn at least $684 per week in addition to passing specific duties tests. There is no specific number of hours given in Section 1330. of Labor: Wage and Hour FAQs. General Rule About Docking an Exempt Employee's Pay . Pennsylvania’s laws does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements. customarily and regularly work more than 80 percent of his or her time away from the employer’s place of business; make sales, including any sale, exchange, contract to sell, consignment for sale, or other disposition or selling, and delivering articles or goods; or. Overtime Guidelines by the Fair Labor Standards Act (FLSA) on Exempt vs. Non-Exempt; Private-Sector Employers. State regulations define an "exempt executive employee" as an employee whose primary duty consists of the management of the organization or of a customarily recognized department or subdivision thereof and includes the customary and regular direction of the work of two or more other employees(. Other employees may be overtime exempt because they may fall … It is a myth that all salaried jobs are exempt from Pennsylvania overtime laws. Generally, Pennsylvania law requires that employees be paid for all hours worked. Under the Fair Labor Standards Act (“FLSA”), employers are permitted to pay non-exempt employees a fixed salary to cover straight-time earnings for all hours worked in a week, provided several conditions are met: a) the employee’s hours must fluctuate week to week; b) the employee must be paid the fixed salary in weeks where employee works less than 40 hours; c) there must be a clear … any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft, if employed by a non-manufacturing establishment primarily engaged (more than 50 percent of the time) in selling to ultimate purchasers; any employee of a motor carrier the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. Pennsylvania also exempts any employee working in the capacity of academic administrative personnel or teacher in elementary or secondary schools. This time may be unpaid. obtain orders or contracts for the use of facilities for which a consideration will be paid by the client or customer; spend no more than 20 percent of his or her time worked in a workweek performing work that is of a nature not directly related to and in conjunction with the making of sales (this does not include work that is performed incidental to and in conjunction with the employee’s outside sales or solicitations, including incidental deliveries and collections). Most employees who fall under the exempt status are salaried and are not paid hourly, but there are exceptions to this rule. Pennsylvania exempts outside salesmen from its minimum wage and overtime requirements. Even if your job is salaried, unless you are performing exempt job duties, … There are regulations that govern whether an employee could be exempt from receiving overtime pay. Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. Pennsylvania’s laws also exempt the following employees from its minimum wage and overtime requirements: Pennsylvania’s laws exempts the following from it overtime requirements only. The equal wage law exists to prohibit employer discrimination on the basis of race, ethnicity, gender, sex or orientation. If the employee takes a few hours off during the middle of the day, comes in late, or leaves early, you can deduct from their PTO bank, but proceed with caution when you do this. However, this federal exclusion does not apply to Pennsylvania employees because Pennsylvania law does not recognize this exemption. While Federal Law does not mandate specific breaks or meal periods, it does give guidance as to whether or not an employee should be paid during these times. If an employee is not covered under the Pennsylvania Minimum Wage Act, the employee may still be entitled to protection under the Federal Fair Labor Standards Act. To be exempt in Pennsylvania, employees must earn at least $684 per week in addition to passing specific duties tests. If an employer is found to have violated this law, a state fine will be levied and all wages withheld from the employee … If you are an overtime exempt salaried employee, … EXEMPTIONS FROM PENNSYLVANIA MINIMUM WAGE & OVERTIME LAWS There are numerous categories of employees who are exempt from Pennsylvania's minimum wage and overtime laws. Notes secured by a mortgage (203(j)): Pennsylvania law permits the sale of a mortgage if the entire mortgage is sold as a single unit to the purchaser. Additional self-executing exemptions include sales of securities approved by a court of law or bankruptcy, sale through dividend or liquidation, or sale pursuant to a merger or other reorganization. Short breaks are usually 20 minutes or less, and should be counted as hours … Exempt Employees . Any person age 14 to 17 who works five or more consecutive hours must be given a minimum of a 30 minute meal break according to PA labor laws about breaks. All other Pennsylvania employers have no obligation to provide either meal or rest breaks. Exempt Employees, Non-Exempt Employees, and the Fair Labor Standards Act . Wage & Hour Laws - Minimum Wage Laws Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com , includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. Pennsylvania exempts farm workers, sailors, taxi drivers, vehicle mechanics or salespeople. Employers are required to comply with any minimum wage requirements. See our overtime page for more information on Exempt v. Non-Exempt Employees.) Sign up for Employment Law Handbook’s free email updates to stay informed. Certain types of employees, often classified as exempt employees, are not entitled to overtime pay as guaranteed by the Fair Labor Standards Act (FLSA). §201 et seq., and the Wage Payment and Collection Law (“WPCL”). These employers must give employees a 30-minute break after five hours of work, during which employees must be relieved of all duties. PA Dept. Exempt employees do not need to be paid for any workweek in which they perform no work. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. In areas where one law is more favorable to employees than the other, Pennsylvania employers must comply with the more pro-employee requirements to avoid liability for unpaid minimum wages or overtime pay. To qualify as a bona fide professional employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. Beginning on October 3, 2021, to be exempt, employees must earn at least $780 per week. If your hours have been reduced because of COVID-19, you may be eligible for Unemployment Compensation. Code 231.84. Therefore, … /Christopher E. Ezold/ The Ezold Law Firm, P.C. Exempt employees are not granted the protections of the FLSA and are therefore not entitled to overtime pay. Pennsylvania Exempt Personnel: What you need to know. Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law. Although Pennsylvania does not have a lunch and break law for those persons 18 and over, there are applicable federal rules for Pennsylvania residents. One Belmont Avenue, Suite 501 Employers that are covered by both state and federal law must comply with the law that affords the higher standard of protection for employees. Exempt employees must receive a salary of at least $455 per week. To determine whether a job qualifies for overtime, it’s a very difficult test under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. Section 3102(b)(1) and (2); announcer, news editor, or chief engineer of a radio or television station, the major studio of which is located in: a city or town with 100,000 or fewer people, if not part of a standard metropolitan statistical area having a total population in excess of 100,000 people; or. (An exempt employee is one who is not entitled to overtime pay because of what he does. Code 231.83. be paid on a salary or fee basis at a rate of not less than $170 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the performance of work described above, which includes work requiring the consistent exercise of discretion and judgment, or the performance of work requiring invention, imagination or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section. Pennsylvania’s laws also exempt the following employees from its minimum wage and overtime requirements: farm laborers; domestic service workers in or about the private home of an employer; newspaper deliverers to the consumer Under Pennsylvania labor laws and overtime rules in PA, overtime pay of at least 1 ½ times the employee’s regular wage rate must be paid for all hours worked over 40 in a workweek. In Pennsylvania, the minimum wage requirement is $7.25 per hour, which means covered non-exempt employees are entitled to at least that hourly wage, and wage laws in PA also dictate that employees must be paid one-and-one-half-times their regular rate of pay for any hours worked over 40 in a … Other minimum wage and overtime exemptions. To qualify as a bona fide administrative employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. 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