Pennsylvania Labor Laws

Pennsylvania’s labor laws are expansive, covering critical areas such as:

• Minimum wage;
• Overtime;
• Health care benefits;
• Discrimination;
• Time off; and
• Special considerations for certain groups like minors and foster care workers.

Part-Time vs. Full-Time

In Pennsylvania, labor laws apply equally to both full-time and part-time workers. These workers are entitled to equal protection under the law, irrespective of the number of hours they work each week, ensuring a safe and discrimination-free workplace.

Minimum Wage

The minimum wage rate for Pennsylvania is $7.25 per hour. This is the same as the federal minimum wage, which has not changed since 20092. However, there is a bill that has been passed by the Pennsylvania House of Representatives that would gradually increase the minimum wage to $15 by 2026. The bill still needs to be approved by the Senate and the Governor before it becomes law.

Overtime

For employees who work beyond the standard 40 hours a week, Pennsylvania labor laws require that these overtime hours be compensated at a rate of one and a half times the employee’s regular hourly rate.

Health Benefits

The provisions of the Affordable Care Act are in effect in Pennsylvania, requiring businesses with 50 or more full-time workers to offer health insurance. The coverage includes benefits such as maternity minimum stay, with the law stipulating a minimum stay of 48 hours for vaginal delivery and 96 hours for cesarean section. Additionally, there are certain services for individuals with autism.

Discrimination

In Pennsylvania, workplace discrimination based on race, color, religion, ancestry, age, gender, national origin, or non-job related handicap or disability is unlawful and prohibited.

Discrimination in the workplace can take various forms and might manifest in different stages of employment, such as hiring, promotions, workplace conditions, and termination.

Here are some hypothetical scenarios showing different types of discrimination:

• A qualified applicant is not hired because of their racial background, while a less qualified individual of a different race is chosen for the job.
• An employee is consistently passed over for promotions due to their gender, despite having the same qualifications and better performance reviews than colleagues of a different gender.
• An older employee is dismissed and replaced by a younger employee in an attempt to promote a “youthful” image in the company.
• An employee is harassed or treated poorly by co-workers because of their religious beliefs, and the employer does nothing to address the situation.
• An employer refuses to make reasonable accommodations for a disabled worker, making it unnecessarily difficult for them to perform their job effectively.

However, not every unfair situation rises to the level of discrimination as defined by law. Here are some scenarios that, while potentially unfair, may not legally qualify as discrimination:

• An employee is laid off as part of a company-wide downsizing despite having more experience than some other employees who were not laid off. This is not discrimination unless the layoffs disproportionately affect a certain protected group.
• An employee is passed over for a promotion because their manager doesn’t like them on a personal level. Unless the manager’s dislike is due to the employee’s race, color, religion, sex, national origin, age, or disability, this is not considered discrimination.
• An employee is assigned more work than their colleagues. This is not discrimination unless the additional work is assigned because of the employee’s membership in a protected class.

Understanding the nuances of discrimination laws can be challenging. If you believe you’ve been a victim of discrimination, you should contact a Pennsylvania labor lawyer. They can help you understand your rights and options and assist you in navigating through the process.

LegalMatch can connect you with a suitable lawyer who is experienced in handling discrimination cases in Pennsylvania.

Time Off

Time off provisions under Pennsylvania labor laws ensure unpaid leave for certain obligations. These include military service, jury duty, and certain categories of family and medical leave. While not mandatory, many employers choose to provide paid leave for holidays, illness, and vacation.

Child Labor Laws and Foster Care

Pennsylvania has specific laws related to child labor, defining what jobs minors can perform and their permitted working hours. Additional protections are provided for children in foster care.

In Pennsylvania, child labor laws restrict the types of jobs and hours that children under 18 can work. For instance, minors under 14 are generally not permitted to work, with exceptions for certain jobs such as newspaper delivery, farming, and work in a family-owned business.

Children aged 14 to 15 can work in a variety of non-hazardous jobs but are limited on how many hours they can work when school is in session. For example, they can work no more than three hours on a school day and no more than 18 hours in a school week. During the summer break, these restrictions are relaxed.

Children aged 16 to 17 can work more hours and have more options regarding the types of jobs they can perform, though they are still not permitted to do hazardous jobs. They can work up to eight hours per day and 44 hours per week.

An example scenario might be a 15-year-old student working part-time in a fast-food restaurant after school. Under Pennsylvania’s child labor laws, the student cannot work more than three hours on a school day, ensuring they have ample time for schoolwork and rest.

In regards to foster care, the state ensures foster children’s rights to receive proper education, participate in extracurricular, cultural, and personal enrichment activities, and be free from any form of corporal punishment. A scenario might be a child in foster care who wants to participate in a school sports team. The foster parents, even with a busy schedule, must facilitate and support the child’s involvement in this activity.

Where Can You Find the Right Lawyer?

It’s important to navigate these laws with the help of a knowledgeable attorney, particularly when dealing with potential violations or if you’re a business owner wanting to hire minors. A Pennsylvania labor lawyer can guide you through these regulations to ensure compliance and protection for all parties involved. LegalMatch can help you find the right lawyer suited to your needs.

Here are some reasons why a labor lawyer can be your best resource:

• Assisting Employers with Compliance: For employers, ensuring compliance with labor laws is essential to avoid legal issues and penalties. A labor lawyer can help businesses understand their obligations, draft employment contracts, create workplace policies, and navigate issues related to wage and hour laws, workplace safety, and discrimination.
• Protecting Employee Rights: If you believe your rights as an employee have been violated, a labor lawyer can assess your situation and advocate on your behalf. They can help you understand your rights, investigate potential violations, and pursue legal remedies for issues such as wrongful termination, unpaid wages, workplace harassment, or discrimination.
• Handling Workplace Disputes: Labor lawyers are experienced in handling workplace disputes and can help facilitate negotiations, mediation, or arbitration to find amicable resolutions. If necessary, they can represent you in court to protect your interests effectively.
• Advice on Severance and Employment Agreements: When entering into employment agreements or severance packages, having a labor lawyer review the terms can ensure that your rights are adequately protected. A labor lawyer can also ensure that the terms are fair and favorable.

If you need assistance understanding these laws or if you believe your rights have been violated, a Pennsylvania labor lawyer may be your best resource. LegalMatch can help you find an experienced lawyer to ensure your rights are adequately safeguarded.