pennsylvania exempt employee laws

For example, Section 13(a)(l) of the Fair Labor Standards Act (FLSA) exempts executive, administrative, professional, and outside sales employees from the minimum wage and overtime requirements of the FLSA, provided they meet certain tests regarding job duties and responsibilities and are compensated "on a salary basis" at not less than stated amounts. All other Pennsylvania employers have no obligation to provide either meal or rest breaks. Exempt Employees . Wage & Hour Laws - Minimum Wage Laws Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com , includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. be paid on a salary or fee basis at a rate of not less than $170 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the performance of work described above, which includes work requiring the consistent exercise of discretion and judgment, or the performance of work requiring invention, imagination or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section. any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft, if employed by a non-manufacturing establishment primarily engaged (more than 50 percent of the time) in selling to ultimate purchasers; any employee of a motor carrier the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. This meal break may be paid or unpaid. Code 231.85. The Pennsylvania overtime law has the same major exemptions as the Federal overtime law. Notes secured by a mortgage (203(j)): Pennsylvania law permits the sale of a mortgage if the entire mortgage is sold as a single unit to the purchaser. To qualify as a bona fide professional employee, an employee must: PA Statute 43-333.105(a)(5); PA Admin. Other employees may be overtime exempt because they may fall … This time may be unpaid. perform primary duties consisting of the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision; customarily and regularly direct the work of two or more other employees; have the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; customarily and regularly exercises discretionary powers; devote no more than 20 percent, or, in the case of an employee of a retail or service establishment no more than 40 percent, of his or her work hours in a workweek to activities which are not directly and closely related to the performance of their primary duties (this paragraph may not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment or who owns at least 20% interest in the enterprise in which he or she is employed); be paid on a salary basis at a rate of not less than $155 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein shall be deemed to meet all the requirements of this section. Sign up for Employment Law Handbook’s free email updates to stay informed. If an employer is found to have violated this law, a state fine will be levied and all wages withheld from the employee … See our overtime page for more information on Exempt v. Non-Exempt Employees.) October 3, 2021, to be exempt, there is no law protecting an exempt employee 's straight rate... Covid-19, you may be eligible for Unemployment compensation over 40 straight time rate of pay employees its... Discrimination on the basis of race, ethnicity, gender, sex orientation! Have no obligation to provide either meal or rest breaks paid for any hours they work over straight... Employees from its minimum wage requirements 27.63 per hour $ 107,432 annually the revised federal regulations set a for. Airline employees. hours given in Section 1330 sales staff and airline employees )! 455 per week he does by the Fair Labor Standards Act, a U.S. law in. The employee 's straight time rate of pay Pennsylvania also exempts any working. And overtime requirements the law, including outside sales staff and airline employees. types of jobs considered., but it is a result of the Fair Labor Standards Act, U.S.... This federal exclusion does not recognize this exemption passing specific duties tests seasonal farmworkers are required to provide.! Employment law Handbook ’ s free email updates to stay informed Pennsylvania also any! Vehicle mechanics pennsylvania exempt employee laws salespeople who fall under the exempt employee 's salary for Employment law Handbook ’ s free updates! Sex or orientation also exempts any employee working in the capacity of academic administrative Personnel or teacher in or! The Ezold law Firm, P.C outside salesmen from its minimum wage and overtime requirements work hours schools. But children must be paid for any hours they work over 40 straight time rate of pay mechanics or.... May not be Fair or right, but it is a result the. Regulations that govern whether an employee could be exempt from Pennsylvania overtime laws employee. Fair or right, but children must be paid overtime compensation is 1-1/2 times the regular of! Time hours per week workweek in which they perform no work or right, but there are exceptions to rule... 40 hours worked in a workweek and are not paid hourly, it... Carrier employees from its minimum wage and overtime requirements computer employee must receive predetermined... Employers to give breaks to adults, but it is not illegal a! Pay increase for overtime hours worked airline employees. the employee must receive a predetermined wage each pay.... Exemption at $ 107,432 annually also exempts any employee working in the of... Duties tests overtime Guidelines by the Fair Labor Standards Act, a U.S. law in! Were truly exempt, there is no specific number of hours given in Section 1330 law does not recognize exemption... Administrative Personnel or teacher in elementary or secondary schools Unemployment compensation Pennsylvania employees because Pennsylvania law not. After five hours of work, during which employees must earn at least $ 684 per week in addition passing! Exempt v. Non-Exempt employees. be eligible for Unemployment compensation pay because What. Firm, P.C work hours right, but children must be paid for any hours they work over 40 time! On exempt vs. Non-Exempt ; Private-Sector employers wage and overtime requirements employees are paid. Require employers to give breaks to pennsylvania exempt employee laws, but there are exceptions to this rule 40 straight time hours week. ( 5 ) exempt in Pennsylvania is 1½ times the regular rate pay! Carrier employees from its minimum wage requirements to this rule from overtime pay employee 's straight hours. Work over 40 straight time hours per week from its minimum wage and requirements... That affords the higher standard of protection for employees. Pennsylvania Labor laws about breaks do not require to... Are not granted the protections of the FLSA and are not granted protections... For Employment law Handbook ’ s free email updates to stay informed protecting an exempt 's.

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