Pennsylvania Employment Laws 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

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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

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• No state requirement: 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 · verified Sep 27, 2026 · 2 official sources

• Seasonal farm workers: Seasonal farm workers may not be required to work more than 5 hours continuously without a meal or rest period of at least 30 minutes. (U.S. DOL WHD, Meal Period table, footnote 2)

  “2/ In addition to the States with Standards of general application a 30-minute meal period is required for seasonal farm workers after 5 hours in Pennsylvania ,”

  “No seasonal farm worker shall be required to work for more than five hours continuously on any premises without a meal or rest period of at least 30 minutes, which period shall not be considered a part of the hours of labor, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.”

  dol.gov · pa.gov · verified Sep 27, 2026 · 2 official sources

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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.”

Same official text as quoted above (see the quote; Pennsylvania Department of Labor & Industry, Wage FAQs · pa.gov).

dol.gov · pa.gov

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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)

Same official text as quoted above (see the quote; Pennsylvania Department of Labor & Industry, Wage FAQs · pa.gov).

“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

Note: There is no statewide paid sick leave law, but the City of Philadelphia may have additional requirements. The state Department of Labor & Industry does not enforce city ordinances; contact the City of Philadelphia. (Pennsylvania DLI Wage FAQs)

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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); Donaldson v. Informatica Corp., No. 2:09-cv-00804 (W.D. Pa. May 31, 2011))

“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 and after careful review of the submissions of the parties, the WPCL, and relevant caselaw, I am not persuaded that the Pennsylvania Supreme Court would expand the exception to cases such as this where an employer allegedly discharges an employee in retaliation for filing a lawsuit under the WPCL.”

govinfo.gov · govinfo.gov

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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); Hardee-Guerra v. Shire Pharmaceuticals, No. 2:09-cv-01547 (E.D. Pa. Aug. 25, 2010), quoting Scully v. US WATS, Inc., 238 F.3d 497, 505 (3d Cir. 2001))

“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

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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); Hardee-Guerra v. Shire Pharmaceuticals, No. 2:09-cv-01547 (E.D. Pa. Aug. 25, 2010))

““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

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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

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