Pennsylvania Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 14, 2026
Last Reviewed: January 14, 2026
Applicable Period: 2026
Jurisdiction: State of Pennsylvania, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Employment Law Framework in Pennsylvania
- Employee Rights in Pennsylvania
- Discrimination Laws in Pennsylvania
- Reasonable Accommodations
- Employer Obligations in Pennsylvania
- Filing Complaints
- Remote Work in Pennsylvania
- 2026 Updates and Legislative Developments
- Resources
- Frequently Asked Questions
Introduction
Pennsylvania employment law establishes the rights and responsibilities of both employees and employers throughout the Commonwealth. This comprehensive guide explains at-will employment doctrine, wage and hour requirements, anti-discrimination protections, employer compliance obligations, and procedures for filing complaints under Pennsylvania and federal law.
As of 2026, Pennsylvania maintains at-will employment status, follows the federal minimum wage of $7.25 per hour, and prohibits discrimination based on protected classes defined in the Pennsylvania Human Relations Act. Understanding these laws helps employees protect their rights and assists employers in maintaining legal compliance.
This guide covers Pennsylvania-specific statutes including the Minimum Wage Act, Wage Payment and Collection Law, Pennsylvania Human Relations Act, and related federal laws such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act.
Information compiled from official sources including:
- Pennsylvania Department of Labor & Industry
- Pennsylvania Human Relations Commission
- Pennsylvania General Assembly legislative materials
- U.S. Department of Labor
- Equal Employment Opportunity Commission
Employment Law Framework in Pennsylvania
1.1 At-Will Employment Doctrine
Pennsylvania follows the at-will employment doctrine, which governs most employment relationships in the Commonwealth.
At-Will Employment Status:
According to the Pennsylvania Department of Labor & Industry:
“Pennsylvania is an ‘AT WILL’ state. An employer does not need to give a reason to fire an employee under Pennsylvania wage and hour laws.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
According to the Pennsylvania Department of Community & Economic Development:
“In Pennsylvania (like a number of other states), workers will generally be considered to be ‘at will’ employees unless they have an employment contract or statutory right that provides otherwise. An employer may terminate the services of an ‘at will’ employee, with or without cause, at any time — as long as an employee is not let go for an unlawful purpose, such as age or racial discrimination. Conversely, ‘at will’ employees have a similar right to resign their employment, for any reason (or no reason at all), at any time.”
Source: Pennsylvania Department of Community & Economic Development, Labor & Workforce FAQ
Available at: https://dced.pa.gov/business-assistance/international/trade/labor-workforce/
Published: June 29, 2022
What At-Will Employment Means:
For Employees:
- Employment may be terminated at any time, with or without cause
- No advance notice required for termination (unless specified in contract)
- Right to resign at any time, with or without reason
- Protected against termination for unlawful purposes
For Employers:
- May terminate employees without providing a reason
- May not terminate for unlawful discriminatory purposes
- Subject to exceptions outlined below
- May establish more protective policies voluntarily
Exceptions to At-Will Employment:
Pennsylvania recognizes several important exceptions to at-will employment:
1. Employment Contracts:
According to the Pennsylvania Department of Community & Economic Development:
“If an employment contract specifies a duration for performance of the contract (i.e., states that the employee agrees to work for the company for 2 years, for example), then the employer can only dismiss the employee for just cause (i.e., drug use on job, or failure to adequately perform his or her duties).”
Source: Pennsylvania Department of Community & Economic Development
Available at: https://dced.pa.gov/business-assistance/international/trade/labor-workforce/
Published: June 29, 2022
2. Discrimination-Based Terminations:
The Pennsylvania Department of Community & Economic Development states:
“An employer cannot dismiss an employee for discriminatory reasons, which include, but are not limited to, dismissal based on sex, race, religion, nationality, age, or disability.”
Source: Pennsylvania Department of Community & Economic Development
Available at: https://dced.pa.gov/business-assistance/international/trade/labor-workforce/
Published: June 29, 2022
Employees protected under the Pennsylvania Human Relations Act and federal anti-discrimination laws may challenge terminations based on protected class status. (See Section 3 for detailed discrimination protections.)
3. Wrongful Discharge Claims:
According to the Pennsylvania Department of Labor & Industry:
“You may wish to check with an attorney to see whether or not you can file a civil lawsuit against your employer for wrongful discharge.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Pennsylvania courts recognize limited public policy exceptions to at-will employment under common law.
4. Federal Notice Requirements:
The Pennsylvania Department of Community & Economic Development notes:
“If the employer meets certain size criteria, employers must provide 60 days notice in advance of plant closings and mass layoffs.”
Source: Pennsylvania Department of Community & Economic Development
Available at: https://dced.pa.gov/business-assistance/international/trade/labor-workforce/
Published: June 29, 2022
This refers to the federal Worker Adjustment and Retraining Notification (WARN) Act, which applies to employers with 100 or more employees.
Source: Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101
DOL guidance: https://www.dol.gov/agencies/eta/layoffs/warn
1.2 Labor Law vs Employment Law
Understanding the distinction between labor law and employment law helps clarify which legal framework applies to specific workplace situations.
Employment Law: Employment law is the broader legal framework that governs the relationship between employers and employees. In Pennsylvania, employment law encompasses:
- Wage and hour requirements (Pennsylvania Minimum Wage Act)
- Anti-discrimination protections (Pennsylvania Human Relations Act)
- Workplace safety standards
- Workers’ compensation
- Unemployment compensation
- Individual employee rights and employer obligations
Labor Law: Labor law is a subset of employment law that specifically addresses:
- Union organization and collective bargaining
- Labor-management relations
- Rights of workers to organize
- Collective bargaining agreements
- Union representation
- Labor disputes and strikes
According to the Pennsylvania Department of Labor & Industry:
“The Pennsylvania Department of Labor & Industry’s (L&I) Bureau of Labor Law Compliance (BLLC) is responsible for the administration, education, and enforcement of labor laws.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
Verified: January 14, 2026
When Each Applies:
Employment law applies to all Pennsylvania workers and employers, regardless of union status. These protections include minimum wage, overtime, anti-discrimination laws, and safety standards.
Labor law applies specifically to unionized workplaces and governs the relationship between unions, employers, and union members. Pennsylvania enforces both state and federal labor laws, including the National Labor Relations Act.
Right-to-Work Status:
Pennsylvania is NOT a right-to-work state.
According to the Pennsylvania Department of Community & Economic Development:
“Unions that are formed in Non-Right-To-Work states are allowed to negotiate with their employer for a clause in their contract that requires all employees to pay union dues.”
Source: Pennsylvania Department of Community & Economic Development
Available at: https://dced.pa.gov/business-assistance/international/trade/labor-workforce/
Published: June 29, 2022
In Pennsylvania, unions may negotiate collective bargaining agreements that require employees in the bargaining unit to pay union dues or agency fees as a condition of employment.
Comparison Overview:
| Aspect | Employment Law | Labor Law |
|---|---|---|
| Scope | All employees and employers | Unionized workplaces |
| Focus | Individual rights and obligations | Collective bargaining and union relations |
| Key PA Laws | Minimum Wage Act, PHRA, Wage Payment & Collection Law | Labor Relations Act, collective bargaining agreements |
| Enforcement | PA Dept of Labor & Industry, PA Human Relations Commission | National Labor Relations Board, PA Labor Relations Board |
| Applies to | Every workplace in Pennsylvania | Workplaces with union representation |
Employee Rights in Pennsylvania
2.1 Wage and Hour Rights
Pennsylvania’s wage and hour laws establish minimum compensation standards, overtime requirements, and payment timing rules for employees throughout the Commonwealth.
Minimum Wage
Current Pennsylvania minimum wage (2026): $7.25 per hour
Effective date: Pennsylvania minimum wage has been $7.25 per hour since July 24, 2009
Statutory authority: Pennsylvania Minimum Wage Act of 1968
According to the Pennsylvania Department of Labor & Industry:
“The minimum wage in Pennsylvania is $7.25 per hour.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Legal Framework:
According to the Pennsylvania Department of Labor & Industry:
“The Pennsylvania Minimum Wage Act, as amended in 2006, establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth compliance-related duties for the Department of Labor & Industry and for employers. In addition, the Minimum Wage Act provides penalties for noncompliance.”
Source: Pennsylvania Minimum Wage Act regulations
Citation: 34 Pa. Code Chapter 231
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/minimum-wage-law
Verified: January 14, 2026
Federal Minimum Wage:
Because Pennsylvania’s minimum wage matches the federal minimum wage, most Pennsylvania employees are subject to the federal rate established by the Fair Labor Standards Act:
Source: Fair Labor Standards Act, 29 U.S.C. § 206
Federal minimum wage: $7.25 per hour (effective July 24, 2009)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage
2026 Legislative Context:
Governor Josh Shapiro’s 2025-2026 budget proposal calls for raising Pennsylvania’s minimum wage to $15 per hour. According to the Pennsylvania Governor’s Office budget document:
“The budget calls to raise the minimum wage to $15 per hour, which will generate economic activity, increase the purchasing power of Pennsylvania residents, and add roughly $100 million annually in increased revenue to the Commonwealth once fully implemented.”
Source: Pennsylvania 2025-26 Budget in Brief
Published by: Governor’s Office
Available at: https://www.pa.gov/content/dam/copapwp-pagov/en/budget/documents/publications-and-reports/commonwealthbudget/2025-26-budget-documents/2025-26%20budget%20in%20brief.webversion.pdf
Publication date: 2025
As of January 2026, this proposal requires legislative approval and has not been enacted. The current minimum wage remains $7.25 per hour.
Coverage:
According to the Pennsylvania Department of Labor & Industry:
“Except for delayed implementation of new minimum wage rates, the Minimum Wage Act makes no distinction between full-time, part-time and temporary employees.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
The Minimum Wage Act applies to most Pennsylvania employees regardless of employment status (full-time, part-time, or temporary).
Overtime Requirements
Pennsylvania Overtime Standard:
Most Pennsylvania employees must receive overtime compensation for hours worked over 40 in a workweek.
According to the Pennsylvania Department of Labor & Industry:
“Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1-1/2 times the employee’s straight time rate of pay.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Statutory Framework:
According to the Pennsylvania Department of Labor & Industry:
“Unless they are employed in an occupation specifically exempted by the Pennsylvania Minimum Wage Act or Fair Labor Standards Act, employees must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half (1½) times their regular rate of pay.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/overtime-and-tipped-worker-rules-in-pa
Verified: January 14, 2026
Federal Overtime Law:
Pennsylvania overtime rules align with federal requirements under the Fair Labor Standards Act:
According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):
“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime
Overtime Exemptions:
Certain employees may be exempt from overtime requirements under Pennsylvania and federal law.
According to the Pennsylvania Department of Labor & Industry:
“In order to qualify for an EAP exemption, an employer must show (1) that the exempt employee meets certain tests regarding their job duties, (2) is paid on a salary basis, and (3) is paid not less than $684 per week. Job titles do not determine exempt status. For an exemption to apply, an employee’s specific job duties and salary must meet all of the applicable requirements.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
“The Department follows the U.S. Department of Labor’s longstanding duties tests for the administrative, executive, and professional exemptions, as well as the current salary level of $684 per week that was set forth in its 2019 regulations. 84 Fed. Reg. 51307 (Sept. 27, 2019).”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Common overtime exemptions include:
- Executive employees
- Administrative employees
- Professional employees
- Outside sales employees
- Certain computer professionals
Job titles alone do not determine exemption status. The actual job duties and compensation must meet specific legal criteria.
Healthcare Workers – “8 and 80” Rule:
According to the Pennsylvania Department of Labor & Industry:
“In 2012 Act 109 amended provisions of the Pennsylvania Minimum Wage Act. The amendment adopts the federal Fair Labor Standards Act’s ‘8 and 80’ rule for individuals employed in hospitals or establishments primarily engaged in the care of the sick, aged, or mentally ill people.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
The “8 and 80” rule allows hospitals and residential care facilities to calculate overtime based on either 8 hours per day or 80 hours in a 14-day period.
Regular Rate Calculation:
According to the Pennsylvania Department of Labor & Industry:
“Generally, an employee’s regular rate is the amount that the employee is regularly paid for each hour of work. The regular rate of pay cannot be less than the Pennsylvania minimum wage, which currently is $7.25/hour.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/overtime-and-tipped-worker-rules-in-pa
Verified: January 14, 2026
Employer Authority:
According to the Pennsylvania Department of Labor & Industry:
“Your employer may order you to work overtime. Your employer may discipline or terminate you if you refuse to work overtime. If you are not an exempt employee, your employer must pay you 1-1/2 times your regular rate of pay for hours worked over 40 per week.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Meal and Rest Breaks
Pennsylvania Break Requirements:
Pennsylvania does not require meal or rest breaks for adult employees (age 18 and over).
According to the Pennsylvania Department of Labor & Industry:
“Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Minor Employees (Ages 14-17):
Employers must provide minors ages 14 through 17 with a meal break of at least 30 minutes if the minor works five or more consecutive hours.
Source: Pennsylvania Child Labor Act
Enforced by: Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
Verified: January 14, 2026
Break Compensation:
When employers voluntarily provide breaks, compensation rules apply:
According to the Pennsylvania Department of Labor & Industry:
“If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Federal Law:
Federal law does not require meal or rest breaks for adult employees.
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Statement: “Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Collective Bargaining Agreements:
Break requirements may be established through collective bargaining agreements in unionized workplaces.
Final Paycheck Requirements
Timing Requirements:
Pennsylvania law requires prompt payment of final wages upon separation from employment.
According to the Pennsylvania Department of Labor & Industry:
“If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Statutory Framework:
The Wage Payment and Collection Law governs final paycheck timing.
According to the Pennsylvania Department of Labor & Industry:
“The Wage Payment and Collection Law was designed to ensure that employees are paid on time for work performed.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
Verified: January 14, 2026
Coverage:
Final paycheck requirements apply regardless of reason for separation:
- Voluntary resignation
- Termination by employer
- Layoff
- End of contract
What Must Be Included:
Final paychecks must include:
- All earned wages through last day worked
- Earned but unused vacation time (if company policy provides payment)
- Any other earned compensation
According to the Pennsylvania Department of Labor & Industry:
“There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Pay Statement Requirements
Required Information:
Pennsylvania law requires employers to provide pay statements with specific information.
According to the Pennsylvania Department of Labor & Industry:
“Your employer must give you a pay-stub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. The pay-stub also has to state the beginning and ending dates of the pay period.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Required pay stub elements:
- Hours actually worked
- Rate of pay
- Gross wages earned
- Tax deductions
- Authorized deductions
- Beginning date of pay period
- Ending date of pay period
Wage Deductions
Permissible Deductions:
Pennsylvania law limits the deductions employers may make from employee wages.
According to the Pennsylvania Department of Labor & Industry:
“Of course, normal tax deductions must be made. You must give written authorization to your employer to make such non-tax related deductions. It is not valid to sign a ‘blanket’ authorization at the time of hire to cover any future deductions. Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be for the employee’s benefit.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Improper Deductions:
The Pennsylvania Department of Labor & Industry identifies wage law violations including:
“Employers who make improper deductions from employee wages (i.e., equipment that is the employer’s responsibility but is deducted from the employee’s pay.)”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/programs-services/labor-management-relations/labor-law-compliance
Verified: January 14, 2026
Third-Party Debt:
According to the Pennsylvania Department of Labor & Industry:
“If you have borrowed money from a third party, you can give the employer written permission to deduct payments from your earnings. If your employer has loaned you funds, it can deduct the amount from your earnings as long as you have given written authorization.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
2.2 Tipped Employee Regulations
Pennsylvania permits employers to take a “tip credit” toward minimum wage obligations for tipped employees.
Tip Credit Rules (Effective August 5, 2022):
According to the Pennsylvania Department of Labor & Industry:
“If a tip-credited employee earns less than $7.25 per hour, including their base hourly wage plus tips, the employer must make up the difference as required by the Pennsylvania Minimum Wage Act so that their hourly earnings (base hourly wage plus tips) equal at least $7.25 per hour.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/overtime-and-tipped-worker-rules-in-pa
Verified: January 14, 2026
20% Rule for Directly Supporting Work:
According to the Pennsylvania Department of Labor & Industry:
“An employee for whom an employer takes a tip credit cannot spend more than 20 percent of their weekly working hours on duties that do not directly generate tips.”
Duties that directly generate tips include (but are not limited to):
- Taking orders
- Serving food and drinks
- Preparing alcoholic beverages
- Bussing tables during meal service
- Making recommendations
- Processing payments
Duties that do not generate tips but are directly related include (but are not limited to):
- Preparing tabletop condiments
- Wrapping silverware
- Refilling napkin holders
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/overtime-and-tipped-worker-rules-in-pa
Verified: January 14, 2026
Credit Card Fee Deductions:
The Pennsylvania Department of Labor & Industry identifies as a violation:
“Deducting credit card fees from an employee’s tips.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/programs-services/labor-management-relations/labor-law-compliance
Verified: January 14, 2026
2.3 Paid Sick Leave
No State Mandate:
Pennsylvania does not have a statewide paid sick leave requirement for private sector employees.
According to the Pennsylvania Department of Labor & Industry:
“There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Federal Requirements:
No federal law requires paid sick leave for private sector employees. However, certain federal laws may require unpaid leave for medical reasons:
- Family and Medical Leave Act (FMLA) – unpaid leave for eligible employees
- Americans with Disabilities Act (ADA) – reasonable accommodations may include unpaid leave
Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave
Local Ordinances:
The Pennsylvania Department of Labor & Industry notes:
“There may be additional requirements for certain persons within the City of Philadelphia. You can find information on the City of Philadelphia city government website. The Pennsylvania Department of Labor & Industry does not enforce city ordinances. You must contact the City of Philadelphia.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Philadelphia has enacted its own paid sick leave ordinance which applies to employers within city limits. Information on Philadelphia’s local paid sick leave requirements is available from Philadelphia city government resources.
2.4 Travel Time Compensation
Pennsylvania law requires compensation for certain travel time.
According to the Pennsylvania Department of Labor & Industry:
“Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer’s establishment to clock in, load up, etc. If an employee leaves directly from home to the job site or vice versa it is not paid time.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
“FEDERAL LAW MAY DIFFER FROM STATE LAW. THE MORE RESTRICTIVE OF THE TWO WILL APPLY. CONTACT THE UNITED STATES DEPARTMENT OF LABOR FOR FURTHER CLARIFICATION OF FEDERAL LAW.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Discrimination Laws in Pennsylvania
3.1 Overview of Anti-Discrimination Protections
Pennsylvania prohibits employment discrimination through the Pennsylvania Human Relations Act (PHRA), which has protected workers since 1955. The PHRA applies in conjunction with federal anti-discrimination laws to provide comprehensive protections for Pennsylvania employees.
Legal Framework:
According to the Pennsylvania Human Relations Act, 43 P.S. §§ 951-963:
“Prohibiting certain practices of discrimination because of race, color, religious creed, ancestry, age or national origin by employers, employment agencies, labor organizations and others as herein defined; creating the Pennsylvania Human Relations Commission in the Governor’s Office; defining its functions, powers and duties; providing for procedure and enforcement; providing for formulation of an educational program to prevent prejudice; providing for judicial review and enforcement and imposing penalties.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. §§ 951-963
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Original enactment: 1955 (as Pennsylvania Fair Employment Practice Act)
Scope of Coverage:
According to the Pennsylvania Human Relations Commission:
“The Pennsylvania Human Relations Act makes it unlawful to discriminate on the basis of a protected class in the workplace. This applies to all facets of employment, not just hiring and firing.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Employer Coverage:
According to the Pennsylvania Human Relations Commission:
“The Pennsylvania Human Relations Act generally applies to any employer with at least four employees and individual contractors.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
The PHRA applies to employers with four or more employees. Federal anti-discrimination laws may have different employer size thresholds and provide additional protections.
3.2 Protected Classes Under Pennsylvania Law
Pennsylvania law prohibits employment discrimination based on specific protected characteristics.
State Protected Classes:
According to the Pennsylvania Human Relations Commission:
“In general, Pennsylvania law prohibits discrimination based on race; color; religious creed; ancestry; age (40 and over); sex; national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc
Verified: January 14, 2026
Detailed Protected Classes in Employment:
According to Pennsylvania Human Relations Act, Section 4:
“It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or in the case of a fraternal corporation or association, unless based upon membership in such association or corporation, or except where based upon applicable security regulations established by the United States or the Commonwealth of Pennsylvania: (a) For any employer because of the race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability or the use of a guide or support animal because of the blindness, deafness or physical handicap of any individual or independent contractor, to refuse to hire or employ or contract with, or to bar or to discharge from employment such individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
Pennsylvania Employment Protected Classes:
- Race – including traits associated with race, including hair texture and protective hairstyles
- Color
- Religious creed – all aspects of religious observance and practice, as well as belief
- Ancestry
- Age – 40 years and older
- Sex – including pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, differences in sex development
- National origin
- Handicap or disability – non-job related disabilities
- Use of guide or support animals – because of blindness, deafness, or physical handicap
- Relationship or association with a person with a disability
- GED rather than high school diploma
- Retaliation – for opposing discrimination or participating in investigations
2023 Regulatory Clarifications:
According to the Pennsylvania Human Relations Commission, regulations published in June 2023 clarify:
“According to the new regulations, the protected class of ‘sex’ includes pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/phrc-news—information/newsroom/new-lgbtq-hairstyle-and-religion-regulations-are-now-in-effect-in-pennsylvania
Published: June 2023
“The new regulations also explained that the protected class ‘race’ includes traits associated with race, including hair texture and protective hairstyles.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/phrc-news—information/newsroom/new-lgbtq-hairstyle-and-religion-regulations-are-now-in-effect-in-pennsylvania
Published: June 2023
Source: Pennsylvania Human Relations Commission Regulations
Citation: 16 Pa. Code Chapters 41-51
Published in: Pennsylvania Bulletin, June 2023
Available at: https://www.pa.gov/agencies/phrc/legal-resources/policy-and-law
According to the Pennsylvania Human Relations Commission Executive Director Chad Dion Lassiter:
“The Pennsylvania Human Relations Act (PHRA) celebrates 70 years this year. Passed in 1955, nine years before the Civil Rights Act of 1964, it provides prohibits discrimination based on race (including traits associated with race, including hair texture and protective hairstyles); color; religious creed (all aspects of religious observance and practice, as well as belief); ancestry; age (over 40); sex (including pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, differences in sex development); national origin; familial status (only in housing); disability; the use, handling, or training of support or guide animals for disability; or retaliation in education, employment, housing, commercial property, and public accommodation.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/phrc-news—information/newsroom/the-phrc-releases-statement-affirming-anti-discrimination-protec
Verified: January 14, 2026
3.3 Federal Protected Classes
Pennsylvania employees are also protected under federal anti-discrimination laws, which provide additional protections and cover different employer size thresholds.
Title VII of the Civil Rights Act of 1964:
Prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e
Enforced by: Equal Employment Opportunity Commission (EEOC)
Applies to: Employers with 15 or more employees
Age Discrimination in Employment Act (ADEA):
Protects individuals 40 years of age or older from age-based discrimination.
Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621
Applies to: Employers with 20 or more employees
Americans with Disabilities Act (ADA):
Prohibits discrimination against qualified individuals with disabilities.
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101
Applies to: Employers with 15 or more employees
Genetic Information Nondiscrimination Act (GINA):
Prohibits discrimination based on genetic information.
Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff
Applies to: Employers with 15 or more employees
Equal Pay Act:
Requires equal pay for equal work regardless of sex.
Source: Equal Pay Act
Citation: 29 U.S.C. § 206(d)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
Applies to: Most employers covered by FLSA
Pregnant Workers Fairness Act (PWFA):
Requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
Effective: June 27, 2023
Applies to: Employers with 15 or more employees
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
3.4 Types of Discrimination Prohibited
Pennsylvania and federal law prohibit various forms of employment discrimination.
Forms of Discrimination:
According to the Pennsylvania Human Relations Commission:
“When decisions about hiring, layoffs, pay, or other work terms or conditions are based on factors other than qualifications or job performance. The actions of a boss, supervisor, or coworker towards a specific person or a whole group. A company’s policies or practices or the way they are applied.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Examples of Illegal Employment Discrimination:
According to the Pennsylvania Human Relations Commission, examples include but are not limited to:
“Firing or demoting someone based on factors other than job performance. Lowering someone’s pay or paying them less than a coworker with a comparable job if the pay difference is based on factors other than job performance. Applying a policy that negatively affects one group of people more than others. Offering different discipline, work terms, conditions, benefits, or pay to one group and not another. Refusing to provide reasonable accommodation for a worker with a disability. Discriminatory job advertisements.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Disparate Treatment:
Treating an individual differently because of a protected characteristic. This includes direct discrimination in hiring, firing, promotion, compensation, or other terms and conditions of employment.
Disparate Impact:
Policies or practices that appear neutral but have a disproportionate adverse effect on members of a protected class. According to the Pennsylvania Human Relations Commission:
“Applying a policy that negatively affects one group of people more than others.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Retaliation:
According to the Pennsylvania Human Relations Commission:
“Retaliation is also illegal, and the law protects you if you stand up against discrimination.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Retaliation occurs when an employer takes adverse action against an employee for:
- Filing a discrimination complaint
- Participating in a discrimination investigation
- Opposing discriminatory practices
- Assisting others in exercising their rights
3.5 Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited under Pennsylvania and federal law.
Legal Framework:
Sexual harassment is prohibited as a form of sex discrimination under the Pennsylvania Human Relations Act and Title VII of the Civil Rights Act.
Types of Sexual Harassment:
1. Quid Pro Quo Harassment: Occurs when employment decisions are based on submission to or rejection of unwelcome sexual conduct. Examples include:
- Conditioning hiring, promotion, or other benefits on sexual favors
- Threatening adverse employment action for refusing sexual advances
2. Hostile Work Environment: Unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment. This may include:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal or physical conduct of a sexual nature
- Sexual comments, jokes, or propositions
- Displaying sexually suggestive materials
- Unwanted touching or physical contact
Commonwealth Policy:
The Pennsylvania Office of Administration maintains policies prohibiting sexual harassment in Commonwealth employment.
According to Pennsylvania Office of Administration Policy 2021-4:
The policy establishes procedures for “ensuring a workplace free from sexual harassment” and applies to all Commonwealth agencies.
Source: Pennsylvania Office of Administration
Policy: 2021-4 Prohibition of Sexual Harassment in the Commonwealth
Available at: https://www.pa.gov/agencies/oa/programs/eeo/policies-and-laws.html
Verified: January 14, 2026
Employer Liability:
Employers may be liable for sexual harassment by:
- Supervisors and managers
- Co-workers
- Non-employees (in certain circumstances)
Employer liability depends on factors including:
- Whether the employer knew or should have known about the harassment
- Whether the employer took prompt and appropriate corrective action
- Whether the employer had effective anti-harassment policies and complaint procedures
Training Requirements:
Pennsylvania does not have a statewide sexual harassment training mandate for private employers. However, Commonwealth agencies and some local jurisdictions may have specific requirements.
3.6 Healthcare Employment Protections
Pennsylvania law provides specific protections for healthcare workers regarding abortion and sterilization procedures.
Conscience Protections:
According to the Pennsylvania Human Relations Act:
“No physician, nurse, staff member or employ of a hospital or other health care facility, who shall state in writing to such hospital or health care facility an objection to performing, participating in, or cooperating in, abortion or sterilization on moral, religious or professional grounds, shall be required to, or held liable for refusal to, perform, participate in, or cooperate in such abortion or sterilization.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
According to the Pennsylvania Human Relations Commission:
“In hospital and health care employment settings, it is illegal to discriminate against someone based on: Participation in abortion or sterilization procedures. Refusal to participate in abortion or sterilization procedures.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
3.7 Religious Observance Protections
Pennsylvania law protects employees’ rights to observe religious practices.
Sabbath Observance:
According to the Pennsylvania Human Relations Act:
“It shall be an unlawful discriminatory practice for any officer, agency or department of the State or any of its political subdivisions, to prohibit, prevent or disqualify any person from, or otherwise to discriminate against any person in, obtaining or holding employment by the State or by any such subdivision, because of such person’s observance of any particular day or days or any portion thereof as a sabbath or other holy day.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
This protection applies to state and local government employment. Private employers are subject to Title VII’s religious accommodation requirements.
3.8 Bona Fide Occupational Qualifications
Pennsylvania law recognizes limited exceptions to anti-discrimination requirements when a characteristic is a bona fide occupational qualification (BFOQ).
According to the Pennsylvania Human Relations Act:
“It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification…”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
A BFOQ is a characteristic that is reasonably necessary to the normal operation of a particular business or enterprise. BFOQs are interpreted very narrowly and rarely apply. The burden is on the employer to prove that the qualification is essential to job performance.
Reasonable Accommodations
4.1 Disability Accommodations Under Pennsylvania Law
Pennsylvania law requires employers to provide reasonable accommodations to qualified individuals with disabilities.
Legal Framework:
According to the Pennsylvania Human Relations Act:
“It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification… For any employer because of the… non-job related handicap or disability… to refuse to hire or employ or contract with, or to bar or to discharge from employment such individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
The PHRA protects individuals with “non-job related handicap or disability,” meaning the disability does not prevent the individual from performing essential job functions with or without reasonable accommodation.
Reasonable Accommodation Requirement:
According to the Pennsylvania Human Relations Commission:
“Refusing to provide reasonable accommodation for a worker with a disability” is an example of illegal employment discrimination.
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
4.2 Disability Accommodations Under Federal Law (ADA)
The Americans with Disabilities Act provides comprehensive protections for qualified individuals with disabilities.
ADA Requirements:
The ADA prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations unless doing so would impose an undue hardship.
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112
EEOC guidance: https://www.eeoc.gov/disability-discrimination
Qualified Individual with a Disability:
Under the ADA, a qualified individual with a disability is someone who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
AND
- Can perform the essential functions of the job with or without reasonable accommodation
4.3 Types of Reasonable Accommodations
Reasonable accommodations may include, but are not limited to:
Workplace Modifications:
- Making existing facilities accessible
- Job restructuring
- Modified work schedules
- Acquiring or modifying equipment or devices
- Adjusting training materials or policies
Schedule Adjustments:
- Flexible scheduling
- Modified break schedules
- Part-time or modified work schedules
- Leave for medical treatment
Job Modifications:
- Reassignment to a vacant position
- Modification of job duties
- Temporary transfer
Communication Accommodations:
- Sign language interpreters
- Written materials in accessible formats
- Assistive technology
Service Animals:
According to the Pennsylvania Human Relations Act, the law protects:
“The use of a guide or support animal because of the blindness, deafness or physical handicap of any individual.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
The PHRA also prohibits discrimination based on “the use, handling, or training of support or guide animals for disability.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc
Verified: January 14, 2026
4.4 The Interactive Process
When an employee requests an accommodation, the interactive process is used to identify appropriate accommodations.
Interactive Process Steps:
1. Recognition of Accommodation Request: An employee makes the employer aware of a disability and need for accommodation. The request does not need to use specific words like “reasonable accommodation” or mention the ADA or PHRA.
2. Gather Information: The employer may request documentation about the disability and functional limitations. Information typically gathered includes:
- The nature of the disability
- How the disability affects job performance
- What specific accommodation(s) might help
3. Explore Accommodation Options: The employer and employee discuss possible accommodations. This is a collaborative process where both parties share information and consider alternatives.
4. Choose and Implement Accommodation: The employer selects and implements an effective accommodation. The employer has the right to choose among effective accommodations and is not required to provide the employee’s preferred accommodation if another effective accommodation is available.
5. Monitor Effectiveness: After implementation, the employer monitors whether the accommodation is effective and makes adjustments if necessary.
4.5 Undue Hardship Exception
Employers are not required to provide accommodations that would impose an undue hardship.
Undue Hardship Definition:
Under federal law, undue hardship means significant difficulty or expense considering:
- The nature and cost of the accommodation
- The financial resources of the facility and employer
- The impact on facility operations
- The type of business and workforce composition
Source: EEOC Guidance on Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
The employer bears the burden of proving that an accommodation would cause undue hardship. Financial cost alone is rarely sufficient to establish undue hardship unless the cost is substantial relative to the employer’s resources.
4.6 Religious Accommodations
Employers must reasonably accommodate employees’ sincerely held religious beliefs, observances, and practices unless doing so would cause undue hardship.
Federal Law:
Title VII requires employers to reasonably accommodate religious beliefs and practices.
Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
Religious Accommodation Examples:
Religious accommodations may include:
- Schedule changes to accommodate religious observances
- Voluntary shift substitutions or swaps
- Job reassignments
- Modifications to workplace policies or practices
- Exceptions to dress or grooming codes
Undue Hardship for Religious Accommodations:
Under Title VII, undue hardship for religious accommodations means more than minimal cost or burden on business operations. This is a lower threshold than the ADA’s undue hardship standard.
Source: EEOC Guidance
Available at: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination#h_9556611821761640867043211
4.7 Pregnancy Accommodations
Pennsylvania and federal law require accommodations for pregnancy-related conditions.
Pennsylvania Equal Pay Law:
Pennsylvania’s Equal Pay Law prohibits sex discrimination in wages, which has been interpreted to include pregnancy discrimination.
Source: Pennsylvania Equal Pay Law
Citation: Act No. 694 of 1959
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/equal-pay-law
Verified: January 14, 2026
Federal Pregnant Workers Fairness Act:
The PWFA requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
According to the Pennsylvania Human Relations Commission guidance on federal laws:
The PWFA applies to accommodations and makes it unlawful to:
“Punish or retaliate against an employee or applicant for requesting or using a reasonable accommodation for a known limitation under the PWFA, reporting or opposing unlawful discrimination under the PWFA, or participating in a PWFA proceeding (such as an investigation); Coerce individuals who are exercising their rights or helping others exercise their rights under the PWFA.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/en/agencies/phrc/legal-resources/policy-and-law/policies-and-nondiscrimination-guidelines.html
Verified: January 14, 2026
PWFA Coverage:
Effective date: June 27, 2023
Applies to: Employers with 15 or more employees
Source: 42 U.S.C. § 2000gg et seq.
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Examples of Pregnancy Accommodations:
Pregnancy accommodations may include:
- Additional, longer, or more flexible breaks
- Time off for health care appointments
- Modifications to work schedules
- Temporary reassignment to light duty
- Adjustments to job duties
- Telework
- Parking accommodations
- Leave or time off
4.8 Lactation Accommodations
Federal law requires employers to provide reasonable break time and space for nursing employees to express breast milk.
PUMP Act:
According to the Pennsylvania Human Relations Commission:
“On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This legislation introduced the PUMP Act, expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.”
“Under the Fair Labor Standards Act (FLSA), most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work. This right is available for up to one year after the child’s birth.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/en/agencies/phrc/legal-resources/policy-and-law/policies-and-nondiscrimination-guidelines.html
Verified: January 14, 2026
PUMP Act Requirements:
Enforced by: U.S. Department of Labor, Wage and Hour Division
Source: Fair Labor Standards Act as amended by PUMP Act
DOL guidance: https://www.dol.gov/agencies/whd/pump-at-work
Employers must provide:
- Reasonable break time to express milk
- A location other than a bathroom that is:
- Shielded from view
- Free from intrusion by coworkers and the public
- Available when needed
The location may be a temporary or permanent space.
4.9 How to Request an Accommodation
For Employees:
1. Notify Employer: Inform your employer of the need for accommodation. This can be verbal or written and does not need to use specific legal terms.
2. Provide Relevant Information: Be prepared to discuss:
- The nature of your condition or limitation (to the extent necessary)
- How it affects your ability to perform job functions
- What accommodation(s) might help
3. Provide Documentation if Requested: The employer may request medical documentation or other information to support the accommodation request. Information requests are limited to what is necessary to establish the need for accommodation.
4. Engage in Interactive Process: Work collaboratively with your employer to identify effective accommodations.
5. Document the Process: Keep records of accommodation requests, discussions, and outcomes.
For Employers:
1. Train Managers and HR Personnel: Ensure those who handle accommodation requests understand legal obligations and company procedures.
2. Respond Promptly: Begin the interactive process quickly after becoming aware of an accommodation need.
3. Keep Communications Confidential: Maintain confidentiality of medical information and accommodation requests.
4. Document the Interactive Process: Keep records of accommodation requests, discussions, decisions, and implementations.
5. Provide Written Confirmation: Document approved accommodations and provide written confirmation to the employee.
4.10 Discrimination Based on Association with a Disabled Person
Pennsylvania law prohibits discrimination based on an individual’s relationship or association with a person who has a disability.
According to the Pennsylvania Human Relations Act:
“To exclude or otherwise deny equal jobs or benefits to a person because of the handicap or disability of an individual with whom the person is known to have a relationship or association.”
Source: Pennsylvania Human Relations Act
Citation: 43 P.S. § 955(l)
Available at: https://www.phrc.pa.gov/Resources/Law-and-Legal/Pages/The-Pennsylvania-Human-Relations-Act.aspx
Verified: January 14, 2026
This protection extends to individuals who:
- Have a family member with a disability
- Live with someone who has a disability
- Are associated with someone who has a disability
- Provide care for someone with a disability
The protection prohibits adverse employment actions based on stereotypes, fears, or assumptions about the relationship.
Employer Obligations in Pennsylvania
5.1 Required Workplace Postings
Pennsylvania law requires employers to display certain notices in the workplace so employees have access to information about applicable labor laws.
General Posting Requirements:
According to the Pennsylvania Department of Labor & Industry:
“Pennsylvania employers are required to post certain notices in their worksites so employees have access to and information about applicable labor laws. These posters can be downloaded for free from the links below. Each poster link identifies the content of the poster, which employers are required to post it and contact information should you require additional information. All notices must be posted in a conspicuous place so that they can be seen and read by employees. Failure to post notices can result in stiff penalties and possible fines.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Poster Availability:
According to the Pennsylvania Department of Labor & Industry:
“If you would like to request copies of these posters to be mailed to you from the Pennsylvania Department of Labor & Industry, please call 833-728-2367 Option 1.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.dli.pa.gov/Pages/Mandatory-Postings.aspx
Verified: January 14, 2026
Required State Posters:
Pennsylvania employers must post the following notices (available for free download from the Pennsylvania Department of Labor & Industry):
1. Pennsylvania Minimum Wage Law Poster
According to the Pennsylvania Department of Labor & Industry:
“Download mandatory workplace posters that must be placed in every Pennsylvania business governed by the Minimum Wage Act.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act
Verified: January 14, 2026
Required for: All employers covered by Pennsylvania Minimum Wage Act
2. Pennsylvania Human Relations Commission Fair Practice Notice
According to the Pennsylvania Human Relations Commission:
Section 5 of the Pennsylvania Human Relations Act requires Pennsylvania employers to post Fair Practice Notices.
Source: Pennsylvania Human Relations Commission
Contact: 717-787-4410
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Fair Practice Notices:
- Inform the public of their rights and responsibilities under non-discrimination law
- Protect workers from discrimination
- Help protect businesses or organizations from liability
Required for: Employers with four or more employees
3. Workers’ Compensation Notice
Employers must post information about workers’ compensation coverage and designated health care providers.
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Required for: All employers with employees
4. Unemployment Compensation Poster
Provides information about unemployment compensation benefits.
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Required for: All employers
5. Child Labor Law Poster
Required for employers who employ minors.
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Required for: Employers with minor employees
Required Federal Posters:
Pennsylvania employers must also display required federal workplace posters:
1. “Know Your Rights: Workplace Discrimination is Illegal” (EEOC)
Informs employees about federal anti-discrimination laws.
Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster
Required for: Employers with 15 or more employees (Title VII); 20 or more employees (ADEA)
2. Fair Labor Standards Act (FLSA) Poster
Provides information about federal minimum wage, overtime, and child labor laws.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters
Required for: Most employers covered by FLSA
3. Occupational Safety and Health Act (OSHA) Poster
“Job Safety and Health: It’s the Law” poster.
Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/publications/poster
Required for: Most private sector employers
4. Employee Polygraph Protection Act Poster
Informs employees about protections against lie detector tests.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters
Required for: Most private employers
5. Family and Medical Leave Act (FMLA) Poster
Provides information about FMLA rights and requirements.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/fmla
Required for: Private employers with 50 or more employees
6. Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster
Informs employees about rights regarding military service.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/vets/programs/userra/poster
Required for: All employers (federal law applies to all employers)
7. Employee Rights Under the National Labor Relations Act
Informs employees of their rights under the NLRA.
Source: National Labor Relations Board
Available at: https://www.nlrb.gov/resources/nlrb-posters
Required for: Private sector employers under NLRB jurisdiction
Special Posting Requirements:
According to the Pennsylvania Department of Labor & Industry:
“In addition to the notices listed below, all government agencies and private employers with government contracts over $25,000 are required to publish and post an anti-drug policy statement in accordance with the Drug-Free Workplace Act of 1998.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Posting Location:
According to the Pennsylvania Department of Labor & Industry:
“All notices must be posted in a conspicuous place so that they can be seen and read by employees.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
Posters should be displayed:
- In areas accessible to all employees
- At each physical workplace location
- In break rooms, time clock areas, or near entrances
- Where employees can easily see and read them
Penalties for Non-Compliance:
According to the Pennsylvania Department of Labor & Industry:
“Failure to post notices can result in stiff penalties and possible fines.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
Verified: January 14, 2026
5.2 New Hire Reporting Requirements
Pennsylvania law requires all employers to report newly hired and rehired employees to the Pennsylvania New Hire Reporting Program.
Legal Framework:
According to PA CareerLink:
“Under both federal and state law–the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a and Pennsylvania Consolidated Statutes, Title 23, Chapter 43, Sections 4391 through 4396–all employers are required to report this information on their newly hired, re-hired, and temporary employees to their state new hire directory.”
Source: PA CareerLink, New Hire Reporting Program
Federal law: 42 U.S.C. § 653a
State law: 23 Pa.C.S. §§ 4391-4396
Available at: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Verified: January 14, 2026
Program Administration:
According to Pennsylvania Department of Labor & Industry:
“The Pennsylvania New Hire Reporting Program is administered by the Center for Workforce Information & Analysis (CWIA) within the Pennsylvania Department of Labor & Industry on behalf of the Bureau of Child Support Enforcement (BCSE) within the Pennsylvania Department of Human Services.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.workstats.dli.pa.gov/Products/Videos/Pages/NewHires.aspx
Verified: January 14, 2026
Who Must Be Reported:
According to PA Business One-Stop Shop:
“Employers must report all employees who reside or work in Pennsylvania to the Pennsylvania Department of Labor and Industry. This includes employees of all ages, those who work less than a full day, those still in a probationary period, part-time, seasonal, employees who are rehired, and those employees who may only work a few hours before termination.”
Source: PA Business One-Stop Shop
Available at: https://business.pa.gov/operate/hiring-workers/new-hire-reporting-requirements/
Published: October 4, 2023
According to PA CareerLink:
“Employers must report all employees who reside or work in the Commonwealth of Pennsylvania.”
Source: PA CareerLink
Available at: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Verified: January 14, 2026
Definition of “New Hire”:
According to PA CareerLink:
“A newly hired employee or a former employee returning from a layoff, rehired following termination, rehired following a separation, or returning from a requested leave of absence without pay greater than 30 days.”
Source: PA CareerLink
Available at: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Verified: January 14, 2026
Reporting Deadline:
According to PA CareerLink:
“Date of Hire: The Date Of hire is the first day services are performed for wages by the individual. Employers must report their new hires to the Program within twenty (20) days of the Date of Hire.”
Source: PA CareerLink
Available at: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Verified: January 14, 2026
Required Information:
To ensure timely and accurate data, according to PA Business One-Stop Shop, employers should:
“Provide the employee’s name exactly as listed on their Social Security Number card; Enter double or hyphenated last names together in the last name field; Use a hyphen only if shown on the Social Security Number card; If there is no middle name, leave the middle name field blank; and Double check data for possible typos and transposed numbers before submitting the report.”
Source: PA Business One-Stop Shop
Available at: https://business.pa.gov/operate/hiring-workers/new-hire-reporting-requirements/
Published: October 4, 2023
Reporting Methods:
According to Commonwealth of Pennsylvania:
“Besides the preferred electronic methods, employers may also submit their new hire information via toll-free fax, or by standard postal mail. This method requires an IRS Form W-4, the standard Commonwealth New Hire Reporting Form (available on PA CareerLink®), or an approved substitute.”
Source: Commonwealth of Pennsylvania
Available at: https://www.pa.gov/services/dli/report-newly-hired-employees
Verified: January 14, 2026
Electronic reporting options:
- Online data entry (for 10 or fewer new hires)
- File upload through PA CareerLink
- Secure File Transfer Protocol (SFTP)
Non-electronic methods:
- Fax: 866-748-4473
- Mail: New Hire Reporting Program, P.O. Box (provided on website)
Contact Information:
According to Commonwealth of Pennsylvania:
“For general questions or more information, call or email the Pennsylvania New Hire Reporting Program.”
Phone: 888-724-4737
Email: ra-li-cwds-newhire@pa.gov
Source: Commonwealth of Pennsylvania
Available at: https://www.pa.gov/services/dli/report-newly-hired-employees
Verified: January 14, 2026
Purpose of New Hire Reporting:
According to PA CareerLink:
“From the new hire information submitted by employers, Pennsylvania matches against open child support case records to locate noncustodial parents, establish child support orders, or enforce existing orders. Pennsylvania also transmits the new hire data to the National Directory of New Hires for matching against child support orders from other states. Each year, new hire reporting leads to the collection of $30 million to $50 million in child support, based on wage garnishment of the noncustodial parent (obligor) wages.”
Source: PA CareerLink
Available at: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Verified: January 14, 2026
According to Commonwealth of Pennsylvania:
“By submitting information about newly hired workers, employers can prevent overpayments from the state unemployment and workers’ compensation systems, crossmatch open child support cases, and locate non-custodial parents who change jobs frequently.”
Source: Commonwealth of Pennsylvania
Available at: https://www.pa.gov/services/dli/report-newly-hired-employees
Verified: January 14, 2026
5.3 Recordkeeping Requirements
Employers must maintain certain employment records as required by federal and state law.
Pennsylvania Minimum Wage Act Recordkeeping:
Pennsylvania employers must maintain payroll records as required under the Minimum Wage Act.
Source: Pennsylvania Minimum Wage Act
Citation: 43 P.S. § 333.104
Regulations: 34 Pa. Code § 231.31
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/minimum-wage-law
Verified: January 14, 2026
According to the Pennsylvania Department of Labor & Industry:
“Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Pennsylvania recordkeeping requirements:
- Retention period: Three years
- Records include: hours worked, wages paid, deductions, pay periods
Federal Recordkeeping Requirements:
Fair Labor Standards Act (FLSA):
The FLSA requires employers to keep records on wages, hours, and other items for covered employees.
Retention period: Three years for payroll records; two years for time cards and wage calculation records
Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 211(c)
Regulations: 29 C.F.R. Part 516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping
Title VII and Other EEO Laws:
Employers must retain employment records including:
- Applications and resumes
- Hiring and promotion records
- Termination records
- Performance evaluations
Retention period: One year from date of making the record or personnel action
Source: EEOC Regulations
Citation: 29 C.F.R. § 1602.14
Available at: https://www.eeoc.gov/employers/small-business/recordkeeping-and-reporting-requirements
Form I-9 (Employment Eligibility Verification):
Employers must retain Form I-9 for each employee.
Retention period: Three years from date of hire or one year from date of termination, whichever is later
Source: U.S. Citizenship and Immigration Services
Citation: 8 C.F.R. § 274a.2(b)(2)
Available at: https://www.uscis.gov/i-9
5.4 Form I-9 and E-Verify Requirements
Federal law requires employers to verify employment eligibility of all employees.
Form I-9 Requirement:
All U.S. employers must complete and retain Form I-9, Employment Eligibility Verification, for each person they hire for employment in the United States.
Source: U.S. Citizenship and Immigration Services
Citation: Immigration Reform and Control Act of 1986; 8 U.S.C. § 1324a
Available at: https://www.uscis.gov/i-9
Timing:
- Section 1: Employee completes by first day of work
- Section 2: Employer completes within three business days of employee’s first day of work
- Section 3: Employer completes when rehiring or reverifying
E-Verify:
E-Verify is an internet-based system that compares information from an employee’s Form I-9 to U.S. Department of Homeland Security and Social Security Administration records.
Source: U.S. Citizenship and Immigration Services
Available at: https://www.e-verify.gov/
E-Verify is voluntary for most private employers in Pennsylvania. However, it is mandatory for:
- Federal contractors (under Executive Order 12989)
- Employers in states that mandate E-Verify (Pennsylvania does not mandate E-Verify statewide)
5.5 Wage Payment Requirements
Pennsylvania law establishes requirements for how and when employees must be paid.
Wage Payment and Collection Law:
According to the Pennsylvania Department of Labor & Industry:
“The Wage Payment and Collection Law was designed to ensure that employees are paid on time for work performed.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
Verified: January 14, 2026
Violations under the Wage Payment and Collection Law include:
According to the Pennsylvania Department of Labor & Industry:
“Employers who fail to pay employees their agreed upon wages without notice. Employers who fail to pay employees their last paycheck when employment ends. Employers who fail to pay their employees on time according to the predetermined agreement. Employers who make improper deductions from employee wages (i.e., equipment that is the employer’s responsibility but is deducted from the employee’s pay.)”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/programs-services/labor-management-relations/labor-law-compliance
Verified: January 14, 2026
Pay Statement Requirements:
According to the Pennsylvania Department of Labor & Industry:
“Your employer must give you a pay-stub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. The pay-stub also has to state the beginning and ending dates of the pay period.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Final Paycheck Timing:
According to the Pennsylvania Department of Labor & Industry:
“If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
5.6 Overview of Employer Obligations
Pennsylvania and federal employment laws establish various obligations for employers throughout the employment relationship.
Initial Hiring Obligations:
Federal and state laws require employers to:
- Verify employment eligibility (Form I-9)
- Report new hires to Pennsylvania New Hire Reporting Program (within 20 days)
- Provide required notices to new employees
- Establish wage and hour payment schedules
- Determine exempt vs. non-exempt status based on legal criteria
- Comply with local paid sick leave ordinances (where applicable)
Workplace Posting Obligations:
Pennsylvania and federal laws require employers to:
- Display required Pennsylvania workplace posters
- Display required federal workplace posters
- Post notices in conspicuous locations accessible to employees
- Update posters when laws change
- Provide notices in languages spoken by employees (where required)
Ongoing Wage and Hour Obligations:
Employment laws establish requirements for:
- Payment of at least minimum wage ($7.25/hour in Pennsylvania)
- Overtime compensation (1.5x for hours over 40/week for non-exempt employees)
- Meal breaks for minors (30 minutes if working 5+ hours)
- Provision of accurate pay statements each pay period
- Maintenance of required employment records
Anti-Discrimination and Accommodation Obligations:
Federal and state laws prohibit:
- Discrimination based on protected classes
- Retaliation against employees exercising legal rights
- Failure to provide reasonable accommodations when required
Termination Obligations:
Pennsylvania law requires:
- Payment of final wages by next scheduled payday
- Compliance with anti-discrimination and anti-retaliation protections
Recordkeeping Obligations:
Federal and state laws establish:
- Retention periods for wage and hour records (3 years in Pennsylvania)
- Retention periods for employment records (varies by law)
- Form I-9 retention requirements (3 years from hire or 1 year from termination)
Insurance and Tax Obligations:
Pennsylvania employers may be required to maintain:
- Workers’ compensation insurance coverage
- Unemployment compensation tax compliance
- Other insurance coverages as required by law
Filing Complaints
6.1 When to File a Complaint
Employees may file complaints when they believe their employer has violated Pennsylvania or federal employment laws.
Types of Violations That May Result in Complaints:
Wage and Hour Violations:
- Failure to pay minimum wage
- Failure to pay overtime
- Improper wage deductions
- Late or missing final paychecks
- Misclassification as exempt or independent contractor
Discrimination:
- Discrimination based on protected class
- Harassment (including sexual harassment)
- Failure to provide reasonable accommodation
- Retaliation for opposing discrimination
Other Violations:
- Workplace safety violations
- Violations of family and medical leave rights
- Retaliation for exercising legal rights
6.2 Filing Wage Claims with Pennsylvania Department of Labor & Industry
When to File:
Employees who have not been paid properly for their work may file a wage claim with the Pennsylvania Department of Labor & Industry.
According to the Pennsylvania Department of Labor & Industry:
“If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you should try to file a wage claim within two years from the date the work was actually performed. However, you should file a claim as soon as you can. Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
How to File:
According to the Pennsylvania Department of Labor & Industry:
“If you believe you are owed money by your employer, please file a complaint using the Minimum Wage and Overtime Complaint Form.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
Verified: January 14, 2026
Contact Information:
Pennsylvania Department of Labor & Industry
Bureau of Labor Law Compliance
Main line: 1-800-932-0665
Email: ra-li-slmr-llc@pa.gov
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/programs-services/labor-management-relations/labor-law-compliance
Verified: January 14, 2026
District Offices:
The Bureau of Labor Law Compliance has district offices throughout Pennsylvania. Contact information available at:
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/programs-services/labor-management-relations/labor-law-compliance
Verified: January 14, 2026
6.3 Filing Discrimination Complaints with Pennsylvania Human Relations Commission
Filing Deadline:
According to the Pennsylvania Human Relations Commission:
“If you feel you have experienced illegal discrimination, in general, you have 180 days from when the alleged discrimination happened, to file a complaint or report a bias incident to the Pennsylvania Human Relations Commission (PHRC).”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
According to the Pennsylvania Human Relations Commission:
“Discrimination complaints must be filed within 180 days of the alleged act of harm (the discriminatory action or incident).”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-A-Complaint/Pages/About-Filing-A-Complaint.aspx
Verified: January 14, 2026
How to File:
According to the Pennsylvania Human Relations Commission:
“If you feel you have been the victim of illegal employment discrimination, file a complaint or report a bias incident by: Calling (717) 787-4410 | (717) 787-7279 TTY users only phone, or Visiting one of our three regional offices.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/file-a-complaint/employment-discrimination-complaint
Verified: January 14, 2026
Complaint Forms:
According to the Pennsylvania Human Relations Commission:
“The following form may also be used to file an employment discrimination complaint. Please download and complete the questionnaire and email it to PHRC@pa.gov or print and return it by mail to your closest regional office.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-a-Complaint/complaint-types-and-forms/Pages/Employment.aspx
Verified: January 14, 2026
Getting Help Filing:
According to the Pennsylvania Human Relations Commission:
“You may discuss your concerns with a PHRC staff member, who will answer your questions and help you decide whether you should file a complaint. PHRC intake staff members are available to help you draft the wording of the complaint and prepare it in legal form for your verified signature.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-a-Complaint/Pages/How-to-File-a-Complaint.aspx
Verified: January 14, 2026
“Language translation and services for visual and hearing disabilities are available upon request to those needing assistance filing a complaint.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-a-Complaint/Pages/How-to-File-a-Complaint.aspx
Verified: January 14, 2026
PHRC Contact Information:
Main Phone: 717-787-4410
TTY: 717-787-7279
Email: PHRC@pa.gov
Regional Offices:
Harrisburg Regional Office:
333 Market Street, 8th Floor
Harrisburg, PA 17101
Philadelphia Regional Office:
110 North 8th Street, Suite 501
Philadelphia, PA 19107
Pittsburgh Regional Office:
301 5th Avenue, Suite 390
Pittsburgh, PA 15222
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc
Verified: January 14, 2026
Investigation Process:
According to the Pennsylvania Human Relations Commission:
“The complaint will be assigned a docket number. The complaint will be served to the respondent (the person you have named in your complaint as responsible for the alleged discrimination) within 30 days of the date of docketing. The respondent is required to answer your complaint no more than 60 days after the date it was served. The respondent is required to provide you with a copy of their answer.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
According to the Pennsylvania Human Relations Commission:
“Your filed complaint will be investigated by a PHRC investigator.”
During the investigation:
- Make your investigator fully aware of details
- Answer all questions, even if you think the answer might weaken your complaint
- Make available any witnesses or documents that may help prove your charges
- Keep your investigator advised of any change in your address, email, or telephone number
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
Possible Outcomes:
According to the Pennsylvania Human Relations Commission, the PHRC may:
“Find probable cause and act to correct the discrimination and its effects. An administrative closure (e.g., if you withdraw your case or file in court).”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
If Probable Cause is Found:
According to the Pennsylvania Human Relations Commission:
“If the investigation establishes probable cause, efforts to conciliate (settle) will take place as soon as possible. The respondent will be asked to: Cease and desist from the specific discriminatory act or practice involved in the complaint, and implement whatever actions, programs or compensation the Commission deems necessary to remedy the discrimination uncovered in the investigation.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-A-Complaint/Filing-Instructions/Pages/You-File-a-Complaint.aspx
Verified: January 14, 2026
Right to File in Court:
According to the Pennsylvania Human Relations Commission:
“Within one year after you file a complaint with the Commission, you may bring action in a Court of Common Pleas if: The complaint has not been resolved. The PHRC dismisses your complaint.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
Retaliation Protection:
According to the Pennsylvania Human Relations Commission:
“Pennsylvania law prohibits anyone from taking any action against: You, because you have filed a complaint. A witness who has testified or assisted in a PHRC proceeding.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.pa.gov/agencies/phrc/programs-and-services/filing-a-complaint
Verified: January 14, 2026
6.4 Filing Federal Discrimination Complaints with EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.
When to File with EEOC:
File with the EEOC when you believe you have experienced discrimination based on:
- Race, color, religion, sex, national origin (Title VII)
- Age (40 and over) (ADEA)
- Disability (ADA)
- Genetic information (GINA)
- Pregnancy (Pregnant Workers Fairness Act)
- Equal pay violations (Equal Pay Act)
Filing Deadline:
Generally, you must file a charge with the EEOC within 180 days from the date of the alleged discrimination. In Pennsylvania, because the PHRC enforces state anti-discrimination laws, this deadline is extended to 300 days.
Source: EEOC
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination
How to File:
Online: File through the EEOC Public Portal at https://publicportal.eeoc.gov/
By Mail or In Person:
Contact the nearest EEOC office.
EEOC Philadelphia District Office:
801 Market Street, Suite 1300
Philadelphia, PA 19107
Phone: 1-800-669-4000
TTY: 1-800-669-6820
EEOC Pittsburgh Area Office:
Federal Building
1000 Liberty Avenue, Suite 1112
Pittsburgh, PA 15222
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Source: EEOC
Available at: https://www.eeoc.gov/field-office
Dual Filing:
Pennsylvania has a work-sharing agreement with the EEOC. When you file with the PHRC, your complaint is automatically “dual-filed” with the EEOC, and vice versa.
According to the Pennsylvania Human Relations Commission:
“If you have dual-filed a complaint with PHRC and EEOC, please see EEOC’s letter explaining its role concerning your complaint.”
Source: Pennsylvania Human Relations Commission
Available at: https://www.phrc.pa.gov/File-a-Complaint/Pages/How-to-File-a-Complaint.aspx
Verified: January 14, 2026
6.5 Filing Workplace Safety Complaints with OSHA
The Occupational Safety and Health Administration (OSHA) enforces federal workplace safety standards.
When to File with OSHA:
File an OSHA complaint when you believe your workplace has safety or health hazards that violate OSHA standards.
How to File:
Online: File at https://www.osha.gov/workers/file-complaint
By Phone: 1-800-321-OSHA (6742)
By Mail or Fax: Download complaint form and submit to nearest OSHA office
OSHA Area Offices in Pennsylvania:
Allentown:
850 N. 5th Street
Allentown, PA 18102
Phone: 610-776-0592
Erie:
1003 State Street, Room 203
Erie, PA 16501
Phone: 814-453-4681
Harrisburg:
Progress Plaza
49 N. Progress Avenue
Harrisburg, PA 17109
Phone: 717-782-3902
Philadelphia:
The Curtis Center
170 S. Independence Mall West, Suite 633 West
Philadelphia, PA 19106
Phone: 215-861-4900
Pittsburgh:
William S. Moorhead Federal Building
1000 Liberty Avenue, Room 2236
Pittsburgh, PA 15222
Phone: 412-395-4903
Wilkes-Barre:
7 North Wilkes-Barre Boulevard, Suite 406
Wilkes-Barre, PA 18702
Phone: 570-826-6538
Source: OSHA
Available at: https://www.osha.gov/contactus/bystate/PA
Filing Deadline:
OSHA complaints should be filed as soon as possible. For retaliation complaints, you must file within 30 days of the alleged retaliation.
Source: OSHA
Available at: https://www.osha.gov/workers/file-complaint
6.6 Private Lawsuit Option
Pennsylvania employees may have the right to file a private lawsuit for employment law violations.
When Private Lawsuits Are Available:
According to the Pennsylvania Department of Labor & Industry:
“However, you may wish to check with an attorney to see whether or not you can file a civil lawsuit against your employer for wrongful discharge. Also, if you feel you were discriminated against because of race, creed, color, age, religion, sex, or similar reason, you may wish to contact the Pennsylvania Human Relations Commission at 1-717-787-4410.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs
Verified: January 14, 2026
Private lawsuits may be available for:
- Discrimination claims (after exhausting administrative remedies or after one year)
- Wrongful discharge claims
- Breach of employment contract
- Violations of specific statutory rights
- Retaliation claims
Consulting an Attorney:
Employees considering a private lawsuit may consult with an employment attorney regarding:
- Whether a valid legal claim exists
- Applicable statutes of limitations
- Required administrative exhaustion
- Potential damages and remedies
- Likelihood of success
6.7 Quick Reference: Where to File
Type of Complaint → Where to File
Wage and Hour Issues (minimum wage, overtime, final paycheck):
- Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance
- Phone: 1-800-932-0665
- Online: File complaint form at PA.gov
Employment Discrimination (based on protected class):
- Pennsylvania Human Relations Commission (PHRC)
- Phone: 717-787-4410
- Email: PHRC@pa.gov
- Filing deadline: 180 days
Federal Discrimination Claims:
- Equal Employment Opportunity Commission (EEOC)
- Phone: 1-800-669-4000
- Online: EEOC Public Portal
- Filing deadline: 300 days in Pennsylvania (due to PHRC agreement)
Workplace Safety Violations:
- Occupational Safety and Health Administration (OSHA)
- Phone: 1-800-321-OSHA (6742)
- Online: OSHA complaint form
- Retaliation deadline: 30 days
Workers’ Compensation:
- Pennsylvania Department of Labor & Industry, Bureau of Workers’ Compensation
- Phone: 717-772-4447
- Online: File petition at PA.gov
Unemployment Compensation:
- Pennsylvania Department of Labor & Industry, Office of Unemployment Compensation
- Phone: 888-313-7284
- Online: File claim through PA.gov
Family and Medical Leave (FMLA):
- U.S. Department of Labor, Wage and Hour Division
- Phone: 1-866-4-USWAGE (1-866-487-9243)
- Online: File complaint at DOL.gov
Remote Work in Pennsylvania
7.1 Remote Work Legal Framework
Pennsylvania does not have specific state laws that create a general right to remote work or that comprehensively regulate remote work arrangements. Remote work policies are generally determined by:
- Individual employer policies
- Employment contracts
- Collective bargaining agreements (in unionized workplaces)
- Federal laws that may require accommodations
Employer Authority:
According to the Pennsylvania Department of Labor & Industry:
“Yes, employers are able to dictate the time of day and hours employees work with the exception of Act 102 Prohibition of Excessive Overtime in Health Care Act.”
Source: Pennsylvania Department of Labor & Industry
Available at: https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law/overtime-and-tipped-worker-rules-in-pa
Verified: January 14, 2026
Employers generally have the authority to determine:
- Whether to offer remote work options
- Which positions are eligible for remote work
- Terms and conditions of remote work arrangements
- Return-to-office requirements
7.2 Remote Work as Reasonable Accommodation
Remote work may be required as a reasonable accommodation under disability discrimination laws.
Americans with Disabilities Act:
Under the ADA, employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship. Telework or remote work may be a reasonable accommodation.
Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/work-home-telework-reasonable-accommodation
Pregnant Workers Fairness Act:
Under the PWFA, remote work may be a reasonable accommodation for pregnancy-related limitations.
Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Interactive Process:
When an employee requests remote work as an accommodation, employers should engage in the interactive process to determine whether:
- Remote work is necessary as an accommodation
- The employee can perform essential job functions remotely
- Remote work would impose an undue hardship on the employer
7.3 Wage and Hour Considerations for Remote Workers
Remote workers are subject to Pennsylvania and federal wage and hour laws.
Minimum Wage and Overtime:
Remote workers must be paid at least minimum wage and receive overtime compensation when applicable, just as on-site workers.
Source: Fair Labor Standards Act
Available at: https://www.dol.gov/agencies/whd/flsa
According to Pennsylvania law, remote workers are entitled to:
- Pennsylvania minimum wage ($7.25/hour)
- Overtime pay (1.5x for hours over 40/week) if non-exempt
- Proper wage payment timing
- Accurate pay statements
Timekeeping:
Employers must accurately track hours worked by non-exempt remote employees. Employers should:
- Establish clear timekeeping procedures
- Ensure employees record all hours worked
- Compensate for all time worked, including overtime
Compensable Work Time:
Remote workers must be compensated for all hours worked, which may include:
- Regular working hours
- Overtime hours
- Time spent in required virtual meetings or training
- Work-related tasks performed outside regular hours
7.4 Return-to-Office Mandates
Employers in Pennsylvania generally have the authority to require employees to return to on-site work.
Employer Authority:
Absent a contract or collective bargaining agreement stating otherwise, Pennsylvania employers may:
- Require employees to return to the workplace
- Set schedules for in-office work
- Change remote work policies
- Terminate employment for refusal to return to office (subject to anti-discrimination and accommodation requirements)
Exceptions:
Employers must consider:
1. Contractual Obligations: If an employment contract or collective bargaining agreement includes remote work provisions, those terms are binding.
2. Reasonable Accommodation: Employers must provide reasonable accommodations for:
- Disabilities under the ADA and PHRA
- Pregnancy-related limitations under the PWFA
- Religious observances under Title VII
3. Anti-Discrimination Laws: Return-to-office policies must not discriminate based on protected classes or have a disparate impact on protected groups.
4. Retaliation Protection: Employers cannot retaliate against employees for requesting accommodations or engaging in protected activities.
7.5 Workers’ Compensation for Remote Workers
Remote workers injured while performing job duties may be covered by Pennsylvania workers’ compensation.
Pennsylvania Workers’ Compensation:
Workers’ compensation coverage depends on whether the injury:
- Occurred during the course of employment
- Arose out of employment activities
- Was work-related
Source: Pennsylvania Department of Labor & Industry, Bureau of Workers’ Compensation
Available at: https://www.dli.pa.gov/Businesses/Compensation/WC/Pages/default.aspx
Remote workers should document work-related injuries and report them to their employer promptly, following the same procedures as on-site workers.
7.6 Tax Implications for Remote Work
Remote work may have tax implications for both employees and employers, particularly when working across state lines.
Pennsylvania Personal Income Tax:
Pennsylvania residents are subject to Pennsylvania income tax on all income regardless of where the work is performed.
Source: Pennsylvania Department of Revenue
Available at: https://www.revenue.pa.gov/
Non-residents working remotely for Pennsylvania employers may need to file Pennsylvania tax returns depending on the circumstances.
Employers should consult tax professionals regarding:
- Withholding requirements for remote workers
- Nexus and tax obligations in multiple states
- Local tax requirements (Earned Income Tax, Local Services Tax)
2026 Updates and Legislative Developments
8.1 Minimum Wage Proposals
As of January 2026, Pennsylvania’s minimum wage remains $7.25 per hour, matching the federal minimum wage. However, there have been proposals to increase the minimum wage.
Governor’s Budget Proposal:
According to Governor Josh Shapiro’s 2025-2026 budget proposal:
“The budget calls to raise the minimum wage to $15 per hour, which will generate economic activity, increase the purchasing power of Pennsylvania residents, and add roughly $100 million annually in increased revenue to the Commonwealth once fully implemented.”
Source: Pennsylvania 2025-26 Budget in Brief
Published by: Governor’s Office
Available at: https://www.pa.gov/content/dam/copapwp-pagov/en/budget/documents/publications-and-reports/commonwealthbudget/2025-26-budget-documents/2025-26%20budget%20in%20brief.webversion.pdf
Publication date: 2025
Status as of January 2026: This proposal requires approval by the Pennsylvania General Assembly. As of January 14, 2026, no minimum wage increase has been enacted. The current minimum wage remains $7.25 per hour.
Monitoring Developments:
Check for updates at:
- Pennsylvania General Assembly: https://www.legis.state.pa.us/
- Pennsylvania Department of Labor & Industry: https://www.pa.gov/agencies/dli/
8.2 Pennsylvania Human Relations Commission Regulations
The Pennsylvania Human Relations Commission published updated regulations in June 2023 that remain in effect in 2026.
Key Clarifications:
According to the Pennsylvania Human Relations Commission:
“According to the new regulations, the protected class of ‘sex’ includes pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development.”
“The new regulations also explained that the protected class ‘race’ includes traits associated with race, including hair texture and protective hairstyles.”
Source: Pennsylvania Human Relations Commission
Published: June 2023
Citation: 16 Pa. Code Chapters 41-51
Available at: https://www.pa.gov/agencies/phrc/legal-resources/policy-and-law
In effect: 2026
8.3 Federal Law Updates
Pregnant Workers Fairness Act:
The PWFA took effect on June 27, 2023, and continues in effect in 2026.
Coverage: Employers with 15 or more employees
Requirements: Reasonable accommodations for pregnancy-related limitations
Source: 42 U.S.C. § 2000gg et seq.
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
PUMP Act:
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) expanded lactation accommodation requirements.
Effective: December 29, 2022
Coverage: Most nursing employees
Requirements: Reasonable break time and private space for expressing breast milk
Source: Fair Labor Standards Act as amended
DOL guidance: https://www.dol.gov/agencies/whd/pump-at-work
8.4 Staying Informed About Legal Changes
Official Sources for Updates:
Pennsylvania General Assembly:
- Website: https://www.legis.state.pa.us/
- Track pending legislation
- View bill status and text
Pennsylvania Department of Labor & Industry:
- Website: https://www.pa.gov/agencies/dli/
- Subscribe to updates
- Review new regulations and guidance
Pennsylvania Human Relations Commission:
- Website: https://www.pa.gov/agencies/phrc
- Review policy updates
- Access new guidance documents
U.S. Department of Labor:
- Website: https://www.dol.gov/
- Subscribe to news updates
- Review federal regulations
Equal Employment Opportunity Commission:
- Website: https://www.eeoc.gov/
- Subscribe to updates
- Review new guidance and enforcement priorities
8.5 Quarterly Review Schedule
This guide follows a quarterly review schedule for 2026 to ensure information remains current.
2026 Review Schedule:
- Q1 (January-March): Published January 14, 2026
- Q2 (April-June): Next review scheduled April 2026
- Q3 (July-September): Review scheduled July 2026
- Q4 (October-December): Review scheduled October 2026
Major changes will be updated immediately as they occur.
Resources
10.1 State Government Agencies
Pennsylvania Department of Labor & Industry
651 Boas Street
Harrisburg, PA 17121
Main number: 1-800-932-0665
Website: https://www.pa.gov/agencies/dli/
Services: Wage and hour enforcement, unemployment compensation, workers’ compensation, workplace safety
Bureau of Labor Law Compliance
Phone: 1-800-932-0665
Email: ra-li-slmr-llc@pa.gov
Services: Minimum wage enforcement, child labor, prevailing wage, wage complaints
Office of Unemployment Compensation
Phone: 888-313-7284
Website: https://www.pa.gov/services/dli/apply-for-unemployment-compensation-benefits
Services: Unemployment compensation claims and information
Bureau of Workers’ Compensation
Phone: 717-772-4447
Website: https://www.dli.pa.gov/Businesses/Compensation/WC/Pages/default.aspx
Services: Workers’ compensation information and claims
Pennsylvania Human Relations Commission
333 Market Street, 8th Floor
Harrisburg, PA 17101
Main number: 717-787-4410
TTY: 717-787-7279
Email: PHRC@pa.gov
Website: https://www.pa.gov/agencies/phrc
Services: Discrimination complaints, civil rights enforcement
Regional Offices:
Harrisburg Regional Office:
333 Market Street, 8th Floor
Harrisburg, PA 17101
Phone: 717-787-4410
Philadelphia Regional Office:
110 North 8th Street, Suite 501
Philadelphia, PA 19107
Phone: 215-560-2496
Pittsburgh Regional Office:
301 5th Avenue, Suite 390
Pittsburgh, PA 15222
Phone: 412-565-5395
Pennsylvania New Hire Reporting Program
Phone: 888-724-4737
Email: ra-li-cwds-newhire@pa.gov
Website: https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires
Services: New hire reporting for employers
10.2 Federal Government Agencies
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210
Main number: 1-866-4-USWAGE (1-866-487-9243)
Website: https://www.dol.gov/
Services: Federal wage and hour laws, FMLA, workplace safety
Wage and Hour Division
Phone: 1-866-4-USWAGE (1-866-487-9243)
Website: https://www.dol.gov/agencies/whd
Services: FLSA, FMLA, wage and hour enforcement
Equal Employment Opportunity Commission (EEOC)
Main number: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
Services: Federal discrimination complaints
EEOC Philadelphia District Office:
801 Market Street, Suite 1300
Philadelphia, PA 19107
Phone: 1-800-669-4000
EEOC Pittsburgh Area Office:
Federal Building
1000 Liberty Avenue, Suite 1112
Pittsburgh, PA 15222
Phone: 1-800-669-4000
Occupational Safety and Health Administration (OSHA)
Main number: 1-800-321-OSHA (6742)
Website: https://www.osha.gov/
Services: Workplace safety and health standards
National Labor Relations Board (NLRB)
Main number: 1-844-762-NLRB (6572)
Website: https://www.nlrb.gov/
Services: Labor-management relations, union matters
U.S. Citizenship and Immigration Services (USCIS)
Main number: 1-800-375-5283
Website: https://www.uscis.gov/
Services: Form I-9, E-Verify, employment eligibility verification
10.3 Key Publications and Forms
Pennsylvania Department of Labor & Industry:
- Mandatory workplace posters: https://www.pa.gov/agencies/dli/resources/for-employers-and-educators/mandatory-postings
- Minimum Wage and Overtime Complaint Form: Available at PA.gov
- New Hire Reporting Forms: https://www.pacareerlink.pa.gov/
Pennsylvania Human Relations Commission:
- Employment Discrimination Complaint Form: Available at PHRC.pa.gov
- Fair Practice Notices: https://www.pa.gov/agencies/phrc
U.S. Department of Labor:
- Federal workplace posters: https://www.dol.gov/agencies/whd/posters
- FMLA forms: https://www.dol.gov/agencies/whd/fmla/forms
- Form WH-4 (FLSA complaint): https://www.dol.gov/agencies/whd/contact/complaints
EEOC:
- Discrimination complaint portal: https://publicportal.eeoc.gov/
- “Know Your Rights” poster: https://www.eeoc.gov/poster
OSHA:
- Safety and health complaint form: https://www.osha.gov/workers/file-complaint
- “Job Safety and Health: It’s the Law” poster: https://www.osha.gov/publications/poster
USCIS:
- Form I-9: https://www.uscis.gov/i-9
- E-Verify: https://www.e-verify.gov/
10.4 Additional Resources
Pennsylvania General Assembly
Website: https://www.legis.state.pa.us/
Services: Legislative information, bill tracking, Pennsylvania statutes
Pennsylvania Code (State Regulations)
Website: https://www.pacodeandbulletin.gov/
Services: Official state regulations, Pennsylvania Bulletin
U.S. Code (Federal Statutes)
Website: https://uscode.house.gov/
Services: Federal statutes including employment laws
Code of Federal Regulations
Website: https://www.ecfr.gov/
Services: Federal regulations
10.5 Monitoring Updates and Changes
Subscribe to Updates:
Pennsylvania Department of Labor & Industry
Website: https://www.pa.gov/agencies/dli/
Sign up for email updates and news alerts
Pennsylvania Human Relations Commission
Website: https://www.pa.gov/agencies/phrc
Subscribe to news and updates
U.S. Department of Labor
Website: https://www.dol.gov/
Subscribe to news releases
Equal Employment Opportunity Commission
Website: https://www.eeoc.gov/
Subscribe to updates and guidance
Legislative Tracking:
Pennsylvania General Assembly
Website: https://www.legis.state.pa.us/
Track pending employment law legislation
Frequently Asked Questions - Pennsylvania Employment Law
1 What is employment law in Pennsylvania?
Employment law in Pennsylvania consists of state and federal laws that govern the relationship between employers and employees. These laws cover wage and hour requirements, anti-discrimination protections, workplace safety, workers’ compensation, unemployment compensation, and employee rights.
Pennsylvania employment law includes the Pennsylvania Minimum Wage Act, Pennsylvania Human Relations Act, Wage Payment and Collection Law, and various federal laws including the Fair Labor Standards Act, Title VII, the Americans with Disabilities Act, and others.
2 What is the difference between labor law and employment law?
Employment law is the broader legal framework governing all employer-employee relationships. It applies to all workplaces and covers wage and hour laws, anti-discrimination protections, workplace safety, and individual employee rights.
Labor law is a subset of employment law that specifically addresses unionized workplaces, collective bargaining, union representation, and labor-management relations. Labor law applies only when unions are involved, while employment law applies to all Pennsylvania workplaces.
3 Is Pennsylvania an at-will employment state?
Yes, Pennsylvania is an at-will employment state. According to the Pennsylvania Department of Labor & Industry, employers may terminate employees without providing a reason, and employees may resign at any time.
However, at-will employment has important exceptions. Employers cannot terminate employees for discriminatory reasons, in violation of public policy, or in breach of an employment contract. Employees are protected against termination based on protected class status under the Pennsylvania Human Relations Act and federal anti-discrimination laws.
4 What is Pennsylvania’s minimum wage in 2026?
Pennsylvania’s minimum wage is $7.25 per hour as of 2026, matching the federal minimum wage. This rate has been in effect since July 24, 2009.
Governor Shapiro has proposed raising the minimum wage to $15 per hour, but this proposal requires legislative approval. As of January 14, 2026, no increase has been enacted.
5 Does Pennsylvania require overtime pay?
Yes, Pennsylvania requires overtime pay for most employees. Non-exempt employees must receive 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
Certain employees are exempt from overtime requirements if they meet specific tests regarding job duties, are paid on a salary basis, and earn at least $684 per week. Job titles alone do not determine exempt status.
6 Are meal and rest breaks required in Pennsylvania?
Pennsylvania does not require meal or rest breaks for adult employees (age 18 and over). Employers are not legally obligated to provide breaks to adult workers.
Pennsylvania does require employers to provide at least a 30-minute meal break for minors ages 14-17 who work five or more consecutive hours.
When employers voluntarily provide breaks, breaks lasting less than 20 minutes must be paid. Meal periods lasting more than 20 minutes during which the employee does not work need not be paid.
7 What are my employee rights in Pennsylvania?
Pennsylvania employees have rights including:
- Minimum wage ($7.25/hour)
- Overtime pay (1.5x for hours over 40/week) if non-exempt
- Timely payment of wages
- Protection from discrimination based on protected classes
- Reasonable accommodations for disabilities, pregnancy, and religious practices
- Protection from retaliation for exercising legal rights
- Safe workplace conditions
- Workers’ compensation coverage for work-related injuries
- Unemployment compensation if eligible
8 Can my employer fire me for any reason in Pennsylvania?
Pennsylvania is an at-will state, meaning employers may generally terminate employment without providing a reason. However, employers cannot terminate employees for unlawful reasons including:
- Discrimination based on protected class (race, sex, age, disability, etc.)
- Retaliation for opposing discrimination or filing complaints
- Exercising legal rights (filing workers’ compensation claims, reporting safety violations)
- Refusing to engage in illegal activity
- Taking protected leave under FMLA
Employees with employment contracts may have additional protections limiting at-will employment.
9 How do I file a discrimination complaint in Pennsylvania?
To file a discrimination complaint in Pennsylvania:
Pennsylvania Human Relations Commission (PHRC):
- Phone: 717-787-4410
- Email: PHRC@pa.gov
- Filing deadline: 180 days from the discriminatory act
- Available online forms or in-person filing at regional offices
Equal Employment Opportunity Commission (EEOC):
- Phone: 1-800-669-4000
- Online: EEOC Public Portal
- Filing deadline: 300 days in Pennsylvania
Pennsylvania has a work-sharing agreement with the EEOC, so filing with one agency automatically files with the other.
10 Can I request remote work as an accommodation?
Yes, remote work may be a reasonable accommodation under the Americans with Disabilities Act (ADA), Pennsylvania Human Relations Act (PHRA), or Pregnant Workers Fairness Act (PWFA).
To request remote work as an accommodation:
- Notify your employer of your disability or pregnancy-related limitation
- Explain that you need remote work as an accommodation
- Engage in the interactive process with your employer
- Provide medical documentation if requested
Employers must provide reasonable accommodations unless doing so would impose an undue hardship. The employer may offer alternative accommodations if remote work is not feasible.
11 What are employer obligations in Pennsylvania?
Pennsylvania employers must:
- Post required state and federal workplace notices
- Report new hires within 20 days
- Pay at least minimum wage ($7.25/hour)
- Pay overtime to non-exempt employees
- Provide accurate pay statements
- Maintain employment records (3 years for wage records)
- Complete Form I-9 for all employees
- Comply with anti-discrimination laws
- Provide reasonable accommodations when required
- Maintain workers’ compensation insurance
- Pay unemployment compensation taxes
- Provide safe working conditions
12 What workplace posters are required in Pennsylvania?
Pennsylvania employers must display:
State posters:
- Pennsylvania Minimum Wage Law
- Pennsylvania Human Relations Commission Fair Practice Notice
- Workers’ Compensation Notice
- Unemployment Compensation Notice
- Child Labor Law (if employing minors)
Federal posters:
- EEOC “Know Your Rights: Workplace Discrimination is Illegal”
- Fair Labor Standards Act (FLSA)
- OSHA “Job Safety and Health: It’s the Law”
- Employee Polygraph Protection Act
- FMLA (if 50+ employees)
- USERRA
- NLRA Employee Rights
All posters are available for free download from government websites.
13 What are the record retention requirements for employers?
Pennsylvania employers must retain:
- Wage and hour records: 3 years
- Payroll records: 3 years
Federal requirements:
- FLSA payroll records: 3 years
- Time cards and wage calculations: 2 years
- Employment records (applications, hiring, termination): 1 year
- Form I-9: 3 years from hire or 1 year from termination, whichever is later
14 Does Pennsylvania require paid sick leave?
No, Pennsylvania does not have a statewide paid sick leave requirement for private sector employees. Paid sick leave is provided only if:
- The employer has a policy providing paid sick leave
- An employment contract requires paid sick leave
- A collective bargaining agreement includes paid sick leave
- Local ordinances require it (such as in Philadelphia)
Federal law does not require paid sick leave for private sector employees, though the Family and Medical Leave Act (FMLA) provides unpaid leave for eligible employees.
15 What remote work protections exist in Pennsylvania?
Pennsylvania does not have a general right to remote work. Remote work arrangements are typically determined by:
- Individual employer policies
- Employment contracts
- Collective bargaining agreements
However, remote work may be required as a reasonable accommodation under:
- Americans with Disabilities Act (for disability-related limitations)
- Pregnant Workers Fairness Act (for pregnancy-related limitations)
- Pennsylvania Human Relations Act (for disability accommodations)
Employers must engage in the interactive process when employees request remote work as an accommodation, though employers are not required to provide accommodations that would impose an undue hardship.