Pennsylvania · salaried overtime
Pennsylvania salaried overtime (§ 231.43(g) — no FWW)
Under 34 Pa. Code § 231.43(g), a non-exempt salaried employee’s regular rate is all remuneration ÷ 40 — never ÷ hours worked. Overtime is RR × 1½ × hours over 40. That bans the FLSA § 778.114 fluctuating-workweek half-time method (Chevalier; 52 Pa.B. 2701). PA L&I example: $1,000 / 50h → $1,375 (FWW would be $1,100). Weekly 40 only. Not /flsa-regular-rate/ FWW.
How 34 Pa. Code § 231.43(g) pays
Effective August 5, 2022 (52 Pa.B. 2701), the Pennsylvania Minimum Wage Act regulations provide: “The regular rate for salaried employees who are not exempt from overtime is the amount of remuneration determined under subsection (a) divided by 40 hours.” That codifies Chevalier v. General Nutrition Centers, Inc., 656 Pa. 296 (2019), which rejected the fluctuating-workweek divisor for non-exempt salaried employees under the PMWA.
PA Department of Labor & Industry’s Overtime and Tipped Worker Rules FAQ works the official example: a non-exempt salaried employee paid $1,000 who works 50 hours — RR = $1,000 ÷ 40 = $25; OT = $25 × 10 × 1.5 = $375; total = $1,375. The same punches under FLSA § 778.114 would use RR = $1,000 ÷ 50 = $20 and add only half-time ($100) for a total of $1,100.
Commissions and shift differentials enter the § 231.43(a) remuneration numerator before the ÷40 step (L&I FAQ examples). Pennsylvania has no private-sector daily overtime — weekly 40 only.
$1,000 salary · five 10h days → RR $25 · OT $375 · total $1,375 (FWW contrast $1,100).
$1,000 + $500 commissions · 50h → RR $37.50 · OT $562.50 · total $2,062.50.
$1,000 + $16 shift differential · 50h → RR $25.40 · OT $381 · total $1,397.
$1,000 · five 8h days (40h) → no OT · total $1,000.
Same $1,000 / 50h on /flsa-regular-rate/ FWW card → $1,100.
Sources
- PA L&I — Overtime and Tipped Worker Rules (official $1,000 / 50h → $1,375 FAQ)
- 34 Pa. Code Chapter 231 — Minimum Wage (§ 231.43(g) regular rate)
- 52 Pa.B. 2701 (May 6, 2022) — amendment adopting § 231.43(g)
- PA BLLC Updated Regulations Presentation (salaried fluctuating-schedule rules)
- Chevalier v. General Nutrition Centers, Inc., 656 Pa. 296 (2019)
FAQ
How is PA non-exempt salaried overtime calculated?
RR = all remuneration ÷ 40. OT pay = RR × OT hours × 1.5. Total = remuneration + OT. L&I: $1,000 / 50h → $1,375.
Is the FLSA fluctuating workweek allowed?
Not for non-exempt salaried employees under the PMWA. § 231.43(g) and Chevalier require the ÷40 divisor. Same week under § 778.114 FWW totals $1,100.
Do commissions and differentials count?
Yes — they enter the § 231.43(a) numerator before ÷40. L&I examples cover commissions and shift differentials.
Daily overtime?
No. Pennsylvania private-sector OT under the PMWA is weekly after 40 only.
Same as /flsa-regular-rate/ FWW?
No. That card uses salary ÷ hours worked and half-time OT. This page uses ÷40 and full 1.5×.
Who is covered?
Non-exempt salaried employees under the PMWA. Hourly workers use ordinary weekly-40. Tip-credit $2.83 / $135 is out of scope here.