Minimum Wage

The federal (and Pennsylvania) minimum wage for covered nonexempt employees is $7.25 per hour. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA).

Tipped Employees

In Pennsylvania, an employer may pay a minimum of $2.83 per hour to an employee who makes $30.00 per month in tips. The employer must make up the difference if the tips and $2.83 do not meet the regular Pennsylvania minimum wage.

Pennsylvania Exemptions from Minimum Wage

  • Labor on a farm
  • Domestic service in or about the private home of the employer
  • Delivery of newspapers to the consumer
  • Publication of weekly, semi-weekly or daily newspaper with a circulation of less than 4,000 when the major portion of circulation is in the county where published or a bordering county
  • Bona fide executive, administrative or professional capacity, (including academic administrative personnel or teacher in public schools) or in capacity of outside salesman. However, an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in the employee’s work not directly or closely related to the performance of executive, professional or administrative activities, if less than 40% of the employee’s hours worked in the workweek are devoted to such activities
  • Educational, charitable, religious, or nonprofit organization where no employer-employee relationship exists and service is rendered gratuitously
  • Golf caddy
  • In seasonal employment, if the employee is under 18 years of age or if a student under 24 years of age is employed by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of 18 years, which operates for a period of less than three months in any one year
  • In employment by a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (i) it does not operate more than seven months a year or (ii) during the preceding calendar year, the average receipts for any 6 months were not more than 33 1/3% of its average receipts for the other 6 months of such year
  • Switchboard operator employed by an independently-owned public telephone company which has no more than 750 stations
  • Employees not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to the officeholder, or are appointed by the officeholder to serve on a policy making level