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Wage and Hour Law

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Whether you are paying or getting paid, you should know what the law requires. 

Federal and Pennsylvania Wage and Hour Laws have numerous rights and requirements for employers and employees.

For Employers

1. New Hire Reporting

  • When hiring a new employee in Pennsylvania, employers must report specific information to the state within 20 calendar days of the hiring date.

  • Required employee information includes full legal name, address, Social Security Number (SSN), and date of hire.

  • Employers must also provide their company details, including name, address, and Federal Employer Identification Number (FEIN).

  • Reporting can be done electronically or via non-electronic methods.

  • All employees who reside or work in Pennsylvania, regardless of employment duration, must be reported.

  Note: Employees who haven't earned wages need not be reported as new hires.

 

2. “Ban the Box” Law

  • Pennsylvania allows employers to request a candidate's criminal history record during the pre-hire process if relevant to the job.

  • Employers can obtain information about arrests and convictions within the last 3 years.

  • Certain older or pending arrests and convictions are also accessible.

For Employees

1. Minimum Wage

  • Pennsylvania follows the federal minimum wage of $7.25 per hour.

  • Some exceptions apply, such as tipped employees and certain industries.

2. Overtime Pay

  •  Employees who work more than 40 hours in a week are entitled to overtime pay.

  • The overtime rate is 1.5 times the regular hourly wage.

3. Breaks and Meal Periods

  • Employers must provide a 30-minute break for employees who work 6 or more consecutive hours.

  • Breaks need not be paid unless the employee is required to remain on duty.

4. Child Labor Laws

  • Regulations govern the employment of minors, including restrictions on hours worked and types of jobs.

  • Minors under 14 generally cannot work, except in specific circumstances.

5. Equal Pay

  • Employers must pay employees of the opposite sex equally for substantially similar work.

  • Exceptions exist based on seniority, merit, and other factors.

6. Leave Laws

  • Pennsylvania does not have a state-specific paid leave law, but federal laws like the Family and Medical Leave Act (FMLA) may apply.

 

Remember to consult legal professionals for personalized advice and compliance with both federal and Pennsylvania labor laws. For more detailed information, consider reaching out to a local law firm specializing in employment law.

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