The Future of Overtime Pay In PA

On January 17, 2018, Governor Tom Wolf announced a proposal to change Pennsylvania’s overtime rules. The plan, which is part of his “Jobs That Pay” initiative, would extend overtime to more salaried employees by increasing the salary threshold that requires employers to pay overtime to most salaried workers. Governor Tom Wolf explains, “It’s simple, if you work overtime, then you should get paid fairly for it. This important step will put more money into the pockets of hardworking people and will help expand the middle class in Pennsylvania.”

The Governor’s proposal includes raising the overtime eligibility salary level for most. Below is a chart illustrating the increased salary threshold, which will be phased in over a four-year period.

Proposed Salary Threshold for Overtime Eligibility

 

Current

January, 1, 2020

January, 1, 2021

January, 1, 2022

Weekly

$455

$610

$766

$921

Annually

$23,660

$31,720

$39,832

$47,892

The salary threshold will update automatically every three years, starting in 2022.

Governor Wolf’s proposed changes are thought to extend overtime eligibility to 460,000 workers in Pennsylvania, once fully implemented. Rep. Jordan Harris said, “The Governor’s proposal will give many working families in PA an increase in their income and will make sure they are paid for the hard work they are doing.”

To help employers know if an employee qualifies for overtime, they will be clarifying the duties for executive, administration, and professional workers.

In order for Governor Wolf’s proposal to become law, it would need to be approved by a five-member board, which includes two Republican lawmakers and two Democratic lawmakers. The Department of Labor & Industry is finalizing a plan to "modernize rules and clarify requirements" and anticipates releasing the proposed to update regulations in March.

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