Pennsylvania employment rules for employers

Pennsylvania minimum wage is $7.25 per hour. (U.S. DOL WHD, State Minimum Wage Laws (Pennsylvania))

“Pennsylvania Basic Minimum Rate (per hour): $7.25”

“The minimum wage in Pennsylvania is $7.25 per hour.”

dol.gov · pa.gov

Pennsylvania sets no fixed pay frequency: wages must be paid on regular paydays designated in advance by the employer. (U.S. DOL WHD, State Payday Requirements)

“Oregon X Pennsylvania Puerto Rico X X X”

“Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in advance by the employer.”

dol.gov · pa.gov

No general state meal break requirement for adult employees (18 and over) in private employment; separate rules apply to minors and to seasonal farm workers. (U.S. DOL WHD, Meal Period Requirements Under State Law for Adult Employees in Private Sector)

“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”

“Employers are not required to give breaks for employees 18 and over.”

dol.gov · pa.gov

One more case for this topic is not verified yet. Check the official source.

No state rest break requirement for adult employees (18 and over) in private employment. (U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector)

“1 States not listed do not require paid rest periods.”

“Employers are not required to give breaks for employees 18 and over.”

dol.gov · pa.gov

When an employer separates an employee from the payroll, earned wages are due no later than the next regular payday. (Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, Section 5(a) (43 P.S. § 260.5))

“(a) Separated Employes. Whenever an employer separates an employe from the payroll, or whenever an employe quits or resigns his employment, the wages or compensation earned shall become due and payable not later than the next regular payday of his employer on which such wages would otherwise be due and payable.”

“If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.”

pa.gov · pa.gov

When an employee quits or resigns, earned wages are due no later than the next regular payday. (Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, Section 5(a) (43 P.S. § 260.5))

“(a) Separated Employes. Whenever an employer separates an employe from the payroll, or whenever an employe quits or resigns his employment, the wages or compensation earned shall become due and payable not later than the next regular payday of his employer on which such wages would otherwise be due and payable.”

“If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.”

pa.gov · pa.gov

No Pennsylvania law requires an employer to provide vacation pay. An employer only has to pay vacation if it has a policy or a contract to pay it, and must follow its own rules. Vacation pay owed under an agreement is a 'fringe benefit or wage supplement' under the Wage Payment and Collection Law. (Pennsylvania Dept. of Labor & Industry, Wage FAQs)

“There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow its own rules for these kinds of payments.”

“Act of 1974, 29 U.S.C. §1001 et seq.; as well as separation, vacation, holiday, or guaranteed pay; reimbursement for expenses; union dues withheld from the employes' pay by the employer; and any other”

pa.gov · pa.gov

Pennsylvania has no state law requiring employers to provide paid sick leave; employers must pay it only under their own policy or a contract. Local rules (e.g. Philadelphia) may apply. (Pennsylvania Department of Labor & Industry, Wage FAQs)

“There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits.”

“Paid sick leave, holiday pay, or other hours not actually worked are not protected under the Wage Payment and Collection Act unless expressly promised in official business documents, like an employee handbook or memo.”

pa.gov · pa.gov

Pennsylvania recognizes a very narrow public policy exception to at-will employment: the firing must violate a clear public policy found in the constitution, legislation, a regulation or a judicial decision, and courts have applied it mainly where the employer required a crime, prevented compliance with a statutory duty, or fired the employee where a statute specifically prohibits it. (Tanay v. Encore Healthcare, LLC, No. 2:10-cv-00792 (E.D. Pa. Aug. 26, 2011), citing McLaughlin v. Gastrointestinal Specialists, Inc., 750 A.2d 283, 287 (Pa. 2000))

“An exception to this rule exists where the termination violates public policy.”

“In light of the extreme narrowness of the public policy exception to at-will employment”

govinfo.gov · govinfo.gov

Pennsylvania strongly presumes at-will employment; the presumption is overcome only by an express contract, an implied agreement supported by additional consideration, or clear and precise evidence of a contract for a definite term. Vague assurances or subjective expectations are not enough. (McGee v. Procter & Gamble Distributing Co., No. 2:02-cv-01121 (E.D. Pa. Aug. 3, 2006), citing Permenter v. Crown Cork & Seal Co., 38 F. Supp. 2d 372, 377 (E.D. Pa. 1999))

“Employment in Pennsylvania is presumed to be at-will unless there is an express contract, or an implied agreement with additional consideration, that allows the court to infer that the parties did not intend the employment to be at-will.”

“Evidence of a subjective expectation of a guaranteed employment period, based on employer practices or vague employer superlatives, is insufficient.”

govinfo.gov · govinfo.gov

An at-will employee in Pennsylvania cannot sue for breach of the implied duty of good faith and fair dealing over the termination itself (Donahue v. Federal Express). (McGee v. Procter & Gamble Distributing Co., No. 2:02-cv-01121 (E.D. Pa. Aug. 3, 2006), quoting Donahue v. Federal Express Corp., 753 A.2d 238, 243 (Pa. Super. 2000))

““cannot as a matter of law maintain an action for breach of the implied duty of good faith and fair dealing, insofar as the underlying claim is for termination of an at-will employment relationship.””

“Without a contract, Shire cannot be held liable for breach of contract, or for breach of an implied covenant of good faith and fair dealing.”

govinfo.gov · govinfo.gov

Every Pennsylvania employer (whether or not liable for UC contributions) must notify employees of the availability of unemployment compensation at the time of separation from employment. The Department of Labor & Industry recommends its form 'Employer Information for Separating Employees', but another format may be used. (43 P.S. § 796.1 (Pa. UC Law § 206.1, added by Act 9 of 2020))

“Section 206.1. Unemployment Compensation Benefit Notification by Employers.-Each employer, whether or not liable for the payment of contributions under this act, shall provide notification of the availability of unemployment compensation to the employer's employes at the time of separation from employment.”

“EMPLOYERS: You are required by Section 206.1 of Pennsylvania UC Law to provide notification of the availability of Unemployment Compensation (UC) benefits to separating employees at the time of separation from employment. We recommend using this form to provide the required information, but you may use a different format.”

pa.gov · pa.gov