Pennsylvania Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 3, 2026
Last Reviewed: February 3, 2026
Applicable Period: 2026
Jurisdiction: State of Pennsylvania, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Pennsylvania Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Pennsylvania
- Current Minimum Wage Rates in Pennsylvania 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Pennsylvania
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Pennsylvania Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Pennsylvania establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Pennsylvania maintains a minimum wage of $7.25 per hour, adopting the federal minimum wage rate established by the Fair Labor Standards Act. Pennsylvania law permits employers to pay tipped employees a reduced cash wage of $2.83 per hour, provided tips bring total compensation to at least the full minimum wage.
Minimum wage regulations in Pennsylvania operate under The Minimum Wage Act of 1968 (43 P.S. § 333.101 et seq.) alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state or local minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. Pennsylvania permits tip credits and has enacted state preemption preventing local jurisdictions from establishing higher minimum wage rates.
This page provides an authoritative overview of Pennsylvania minimum wage law for 2026, including current rates, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| Pennsylvania Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | Federal rate applies | — | 43 P.S. § 333.104(a.1) |
| Federal minimum wage | $7.25/hour | July 24, 2009 | FLSA |
| Tipped minimum wage | $2.83/hour | Ongoing | 34 Pa. Code § 231.101a |
| Tip credit allowed | Yes (up to $4.42) | — | 43 P.S. § 333.103(d) |
| Next scheduled increase | None | N/A | State law |
| Rate adjustment mechanism | Federal adoption | — | 43 P.S. § 333.104(a.1) |
| Local minimum wages | Prohibited | — | 43 P.S. § 333.114a |
| Training wage (under 20) | Federal minimum | First 60 days | 43 P.S. § 333.104(e) |
Last verified: February 3, 2026 via Pennsylvania Department of Labor & Industry website
Overview of Minimum Wage Law in Pennsylvania
Legal Authority
Pennsylvania minimum wage requirements are established under The Minimum Wage Act of 1968 (43 P.S. § 333.101 et seq.). The Pennsylvania Department of Labor & Industry administers and enforces minimum wage regulations in Pennsylvania through its Bureau of Labor Law Compliance. The Act was originally enacted in 1968 and has been amended multiple times, most significantly in 2006 when Pennsylvania raised its minimum wage to $7.15 per hour and added state preemption language prohibiting local minimum wage ordinances.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. Pennsylvania law incorporates federal minimum wage standards by reference through 43 P.S. § 333.104(a.1), which states that if the federal minimum wage exceeds Pennsylvania’s statutory rate, the federal rate automatically applies. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
Since July 24, 2009, when the federal minimum wage reached $7.25 per hour, Pennsylvania has effectively adopted this rate. The Pennsylvania statute’s last scheduled increase was to $7.15 per hour in July 2007, but the higher federal rate of $7.25 superseded it in 2009. Therefore, most covered employers in Pennsylvania must comply with the federal minimum wage rate of $7.25 per hour.
Coverage Scope
Pennsylvania minimum wage law applies to employers engaged in business with employees working in Pennsylvania. The Act covers most private sector employers and their employees, with specific exemptions for certain categories of workers. Employers not subject to state minimum wage requirements but covered by the FLSA must comply with federal standards. According to 34 Pa. Code Chapter 231, the Pennsylvania regulations implement the state Act’s requirements and coordinate with federal law.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal, state, or (if permitted) local. In Pennsylvania, because state law adopts the federal minimum wage by reference and prohibits local minimum wage ordinances, the federal minimum wage of $7.25 per hour serves as the uniform statewide rate. Employers must identify and apply whichever minimum wage rate provides employees the highest hourly compensation under applicable law.
Current Minimum Wage Rates in Pennsylvania 2026
Standard Hourly Minimum Wage
As of 2026, the standard minimum wage in Pennsylvania is $7.25 per hour for covered employees. This rate applies to all non-exempt employees working in Pennsylvania. Pennsylvania law does not establish its own minimum wage rate independent of federal law. Instead, under 43 P.S. § 333.104(a.1), Pennsylvania adopts the federal minimum wage whenever the federal rate exceeds the state’s statutory rate.
The current federal minimum wage of $7.25 per hour has remained unchanged since July 24, 2009, making it the longest period without a federal minimum wage increase since the FLSA was enacted in 1938. Pennsylvania’s minimum wage similarly has not increased since 2009, when the federal rate superseded Pennsylvania’s then-current rate of $7.15 per hour.
Pennsylvania applies a uniform statewide minimum wage with no geographic or regional variations. Unlike some states that establish different minimum wage rates for different regions or metropolitan areas, Pennsylvania’s adoption of the federal minimum wage results in a single rate applicable throughout the Commonwealth.
Training Wage for Workers Under Age 20
Pennsylvania permits employers to pay a training wage to employees under age 20 during their first 60 calendar days of employment. Under 43 P.S. § 333.104(e), employers may pay the training wage at a rate equal to the federal minimum wage set forth in section 6(a) of the Fair Labor Standards Act.
Because the federal minimum wage is $7.25 per hour and Pennsylvania’s adopted minimum wage is also $7.25 per hour, the training wage provision effectively provides no differential rate for youth workers. The training wage cannot be lower than the standard minimum wage when both are set at the federal rate. Employees must be informed of the training wage amount and their right to receive the full minimum wage upon completion of the 60-day training period.
Employers may not displace existing employees or reduce hours, wages, or employment benefits of existing employees to hire individuals at the training wage. After 60 calendar days or when an employee reaches age 20 (whichever comes first), employers must pay the full minimum wage of $7.25 per hour.
Subminimum Wages for Learners
Pennsylvania allows employers to pay learners a subminimum wage rate equal to 85% of the standard minimum wage, which equals $6.16 per hour. A learner is defined under 34 Pa. Code § 231.1 as a person participating in a bona fide training program for an occupation in which the person is employed. The required training period must be recognized as at least two weeks in duration.
To pay the learner subminimum wage, employers must obtain a special certificate from the Pennsylvania Department of Labor & Industry. The training period cannot exceed eight weeks unless the Secretary of Labor & Industry finds that minimum proficiency for the particular occupation cannot be acquired in eight weeks. An individual cannot be deemed a learner at an establishment in an occupation for which they have completed the required training.
Learner wage provisions apply regardless of the learner’s age, distinguishing this category from the youth training wage. Once an employee completes the training program or exceeds the maximum training period, employers must pay the full minimum wage of $7.25 per hour.
Student Workers
Pennsylvania law allows employers to pay student workers a subminimum wage rate equal to 85% of the standard minimum wage ($6.16 per hour), provided employers obtain a special certificate from the Pennsylvania Department of Labor & Industry. A student is defined as an individual enrolled full-time during daytime hours in an institution of learning offering a course leading to a degree, certificate, or diploma.
Students may be paid the subminimum rate whether school is in session or not, provided they meet the definition requirements. However, once a student receives a degree, certificate, or diploma, they are no longer considered a student and must be paid the full minimum wage. Employers utilizing the student worker subminimum wage must ensure students do not work more than 20 hours per week when school is in session or more than 40 hours per week during school vacation periods.
Employees with Disabilities
Pennsylvania minimum wage law allows employers to pay employees with disabilities a wage rate less than the standard minimum wage if they receive a special certificate of approval from the Pennsylvania Department of Labor & Industry. Under 43 P.S. § 333.104(d) and 34 Pa. Code § 231.71, employers must apply for a special certificate demonstrating that the individual’s earning or productive capacity is impaired by physical or mental disability.
The certificate process requires joint application by both employer and employee. The Department evaluates each application individually to determine an appropriate wage rate based on the employee’s productive capacity compared to workers without disabilities performing similar work. This federal-state program coordinates with U.S. Department of Labor Section 14(c) certificates under the FLSA.
No Scheduled Increases
No further minimum wage increases are currently scheduled in Pennsylvania. The minimum wage will remain at $7.25 per hour unless modified by future federal legislation (which would automatically apply under Pennsylvania’s adoption provision) or by Pennsylvania state legislation establishing a higher rate.
Various legislative proposals have been introduced in the Pennsylvania General Assembly to raise the state minimum wage, including House Bill 1549 (passed by the Pennsylvania House in June 2025 but not enacted), which would have established tiered county-based minimum wages ranging from $10 to $15 per hour beginning in 2026. Senate Bill 19 proposed a statewide increase to $15 per hour by 2026 with cost-of-living adjustments. However, as of February 2026, none of these proposals have been enacted into law.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
Pennsylvania permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage. Under 43 P.S. § 333.103(d) and 34 Pa. Code § 231.101a, Pennsylvania establishes specific requirements for tipped employee compensation.
Cash wage requirement: $2.83 per hour
Maximum tip credit: $4.42 per hour
Total minimum compensation: $7.25 per hour (cash wage + tips)
The tipped minimum wage of $2.83 per hour was established based on Pennsylvania’s statutory formula and has remained at this level since the federal minimum wage reached $7.25 in 2009. Employers may take a tip credit for the difference between the cash wage and the full minimum wage, up to $4.42 per hour, provided the employee receives sufficient tips to reach the $7.25 minimum wage threshold.
Who Qualifies as a Tipped Employee
Under Pennsylvania law, a “tipped employee” is defined as an employee who customarily and regularly receives more than $135 per month in tips. This monthly threshold was updated effective August 5, 2022, from the previous threshold of $30 per month. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Bellhops and doorpersons
- Hair stylists and barbers (when tips are customary)
- Other service occupations where tipping is customary
The determination of whether an employee qualifies as a tipped employee depends on the regular nature of tip receipt, not occasional gratuities. Employees must consistently receive tips as part of their occupation’s compensation structure and meet the $135 monthly threshold to qualify for the tipped minimum wage.
The 80/20 Rule for Tipped Workers
Pennsylvania regulations, updated in August 2022, implement the 80/20 rule for tipped employees. Under 34 Pa. Code § 231.116, an employer may only take a tip credit if the employee spends at least 80% of their workweek performing duties that directly generate tips.
If an employee spends more than 20% of their work time on duties that do not directly generate tips (such as cleaning, stocking, or other side work), the employer must pay the full minimum wage of $7.25 per hour for all hours worked, not just the time spent on non-tipped duties. This rule applies on a workweek basis, not per shift or per day.
Example: A server works 40 hours per week. If the server spends 8 hours or less on side work (cleaning, prep, etc.), the employer may use the tip credit for all 40 hours. If the server spends more than 8 hours on side work, the employer cannot take any tip credit and must pay $7.25 per hour for all hours worked that week.
Employer Obligations for Tipped Workers
Employers who claim a tip credit must:
- Inform employees in writing of the tip credit provisions before claiming the credit, including the cash wage amount, maximum tip credit, and requirement that tips plus wages equal at least $7.25 per hour
- Ensure total compensation (cash wage plus tips) equals or exceeds the full minimum wage of $7.25 per hour for all hours worked
- Pay the difference if an employee’s tips fail to bring total compensation to $7.25 per hour for any workweek
- Maintain accurate records of employee tips and hours worked, including documentation of tip income reported by employees
- Not deduct credit card processing fees from employee tips. Under Pennsylvania regulations effective August 2022, all tips paid by credit card or other non-cash methods are the property of the employee, and employers cannot deduct processing fees from these tips
- Comply with the 80/20 rule by ensuring tipped employees spend at least 80% of work time on tip-producing activities
- Ensure monthly tip threshold is met, with employees receiving at least $135 in tips per month to qualify for the tipped minimum wage
Tip Pooling and Sharing
Pennsylvania permits tip pooling or tip sharing arrangements under specific conditions outlined in 43 P.S. § 333.103(d) and regulations updated in August 2022.
Permitted tip pool participants:
- Tip pools including employees paid the tipped minimum wage may only include individuals in occupations who customarily and regularly receive tips
- If all employees in the tip pool are paid at least the full minimum wage of $7.25 per hour (no tip credit taken), tip pools may include both tipped and non-tipped employees such as cooks and dishwashers
Prohibited tip pool participants:
- Managers, supervisors, and employers are prohibited from receiving tips from a tip pool
- Managers and supervisors may only keep tips if they personally provide the entire service to the customer without any assistance from other employees
Tip pool requirements:
- Employers must notify employees if they will be participating in a tip pool
- Tip pool contributions must be customary and reasonable
- Tips remain the property of employees who receive them
- Mandatory service charges are not tips and may be retained by the employer or distributed at the employer’s discretion
Service Charges vs. Tips
Pennsylvania law distinguishes between tips and mandatory service charges. Under regulations effective August 2022, mandatory service charges added to customer bills (such as automatic gratuities for large parties) are not considered tips under Pennsylvania law.
Service charge rules:
- Service charges are not tips and are the property of the employer
- Employers may retain service charges or distribute them to employees at their discretion
- Any portion of a service charge given to employees is treated as wages, not tips
- Service charges cannot be used to satisfy the tip credit requirement
- Employers should clearly disclose to customers whether charges are tips (belonging to employees) or service charges (belonging to the employer)
Local Minimum Wage Ordinances in Pennsylvania
State Preemption of Local Minimum Wages
Pennsylvania law prohibits cities and counties from enacting their own minimum wage rates that differ from the state minimum wage. Under 43 P.S. § 333.114a, enacted in 2006, Pennsylvania established state preemption of minimum wage regulation, stating that the Minimum Wage Act “shall preempt and supersede any local ordinance or rule concerning the subject matter of this act.”
This preemption provision prevents municipalities from establishing higher minimum wage rates or imposing additional wage requirements beyond state law. All employers in Pennsylvania must comply with the uniform statewide rate of $7.25 per hour. No cities or counties in Pennsylvania have enacted local minimum wage ordinances that exceed the state rate due to this preemption.
Philadelphia and Local Wage Efforts
Philadelphia, as Pennsylvania’s largest city and only first-class city, has historically sought authority to establish its own minimum wage. In April 2025, Philadelphia Mayor and City Council President sent a letter to state lawmakers requesting authorization to set a higher minimum wage, citing the city’s unique circumstances including high housing costs and poverty levels.
However, under current Pennsylvania law, Philadelphia cannot enact its own minimum wage ordinance without state legislative authorization. The city has established a “Philadelphia Minimum Wage Standard” of $16.82 per hour (as of June 2026) that applies only to:
- City employees and contractors doing business with the city
- Businesses receiving financial assistance from the city
- Participants in certain city grant programs
This Philadelphia Minimum Wage Standard does not apply to private employers generally and is not a citywide minimum wage ordinance. It operates as a contractual requirement for entities doing business with or receiving funds from the city government, falling outside the scope of minimum wage regulation that is preempted by state law.
Proposed Legislation on Local Control
Various legislative proposals have been introduced in the Pennsylvania General Assembly to repeal state preemption and allow local minimum wage ordinances. These proposals have not been enacted as of February 2026:
- Senate Bill 19 (2025): Proposed to remove preemption language and grant municipalities authority to set higher local minimums
- House Bill 1150: Called for ending wage preemption to allow municipalities to set local wage rates
- Cities including Lancaster, Allentown, Philadelphia, and Pittsburgh have passed resolutions supporting legislation to grant local wage control
Unless Pennsylvania’s preemption statute is repealed or amended, no local minimum wages are permitted in Pennsylvania. Employers must comply only with the statewide minimum wage of $7.25 per hour.
Who Is Covered and Who Is Exempt
Employees Covered by Pennsylvania Minimum Wage
Pennsylvania minimum wage law covers most employees working in Pennsylvania. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses operating in Pennsylvania
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for executive, administrative, or professional exemptions
- Hourly employees: Workers compensated on an hourly basis across all industries
- Temporary and seasonal workers: Employees hired for temporary or seasonal employment periods
- Minor employees: Workers under age 18 (subject to specific provisions for training wages and learners)
- Part-time workers: Employees working fewer than full-time hours receive the same minimum wage protections
The Pennsylvania Minimum Wage Act makes no distinction between full-time, part-time, and temporary employees regarding minimum wage requirements, except for delayed implementation provisions that previously applied to small employers (no longer applicable since federal rate adoption).
Common Exemptions from Minimum Wage
The following categories of employees may be exempt from Pennsylvania minimum wage requirements under 43 P.S. § 333.103 and 34 Pa. Code Chapter 231:
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests. For 2026, employees must be paid on a salary basis of not less than $684 per week ($35,568 annually) and meet specific duties tests established by federal regulations. Pennsylvania follows U.S. Department of Labor duties tests for these exemptions.
- Executive exemption: Primary duty is management, regularly directs work of at least two employees, and has authority to hire/fire or provide significant input on employment decisions
- Administrative exemption: Primary duty is office or non-manual work directly related to management or general business operations, and exercises discretion and independent judgment on significant matters
- Professional exemption: Primary duty requires advanced knowledge in a field of science or learning, customarily acquired through prolonged specialized intellectual instruction
Outside Sales Employees
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily and regularly engaged away from the employer’s business location are exempt from minimum wage requirements under 34 Pa. Code § 231.85.
Agricultural Workers
Certain agricultural employees may be exempt from Pennsylvania minimum wage requirements. The Act provides exemptions for employees employed in agriculture, though specific conditions and limitations apply under both state and federal law.
Domestic Service Employees
Employees performing domestic service in or about a private home are exempt from Pennsylvania minimum wage requirements under specific conditions. The exemption applies to domestic services provided by employees of a householder employer and is not preempted by the Fair Labor Standards Act, which has its own separate domestic service provisions.
Newspaper Delivery Workers
Individuals engaged in delivering newspapers to consumers are exempt from minimum wage requirements under Pennsylvania law.
Taxicab Drivers
Under 34 Pa. Code § 231.1, taxicab drivers operating vehicles for hire on a zone or meter fare basis (not operating over fixed routes or under contract) may be exempt from minimum wage requirements.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, Pennsylvania applies tests to determine independent contractor status, and misclassification may result in penalties and back wages owed. The determination of independent contractor status depends on the totality of the work relationship, not simply how the parties label the relationship.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to Pennsylvania minimum wage law must comply with the following obligations under 43 P.S. § 333.108:
- Pay the applicable minimum wage for all hours worked, with no deductions that would reduce wages below the minimum wage except those authorized by law
- Maintain accurate payroll records for at least three years, documenting:
- Employee names and addresses
- Hours worked each workday and workweek
- Wage rates and total wages paid each pay period
- Deductions from wages
- Tips received by tipped employees
- Display required posters in conspicuous locations where employees can readily see them, informing employees of minimum wage rates and their rights
- Issue compliant wage statements to employees each pay period showing hours worked, rate of pay, gross wages, deductions, and net pay, along with the beginning and ending dates of the pay period
- Provide written notice of wage rates at the time of hire
- Allow Department inspections by permitting authorized representatives of the Pennsylvania Department of Labor & Industry to inspect payroll records and interrogate employees regarding wages and hours
Recordkeeping Requirements:
Employers must maintain payroll records for three years from the date of the wage payment. Records must be kept within Pennsylvania and made easily accessible within seven days of a written request from the Department. Time cards of employees must be maintained as part of required records, and employers taking tip credits must maintain records of employee tips.
Enforcement of Minimum Wage Law
The Pennsylvania Department of Labor & Industry, through its Bureau of Labor Law Compliance, enforces minimum wage requirements in Pennsylvania. The Department:
- Investigates wage complaints filed by employees
- Conducts routine compliance inspections of employers
- Issues citations and orders for minimum wage violations
- Collects unpaid wages and penalties on behalf of employees
- Refers cases for criminal prosecution when appropriate
- Provides education and outreach to employers and employees regarding wage and hour requirements
Filing a Complaint:
Employees who believe they have not been paid proper minimum wage may file a complaint with the Pennsylvania Department of Labor & Industry. The complaint process involves:
- Online: File through the Department’s online complaint portal
- Phone: Contact the Bureau of Labor Law Compliance at 1-800-932-0665
- In-person or mail: Contact one of the Department’s regional offices
Employees should file wage claims within two years from the date the work was performed, though claims should be filed as soon as possible since employers are only required to maintain records for three years. Pennsylvania law prohibits retaliation against employees who file wage complaints or cooperate with Department investigations under 43 P.S. § 333.111.
Penalties for Minimum Wage Violations
Employers who violate Pennsylvania minimum wage law may be subject to the following penalties under 43 P.S. § 333.110 and § 333.111:
Back Wages:
Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked. The statute of limitations for back wage claims is generally two years, though employees should file claims as soon as violations are discovered.
Liquidated Damages:
Pennsylvania law authorizes liquidated damages equal to the amount of unpaid wages as additional compensation to employees for the delayed payment of wages owed.
Civil Penalties:
Administrative penalties may be assessed against employers who willfully or repeatedly violate minimum wage requirements. The Department of Labor & Industry may impose civil penalties as authorized under the Act.
Criminal Penalties:
Willful violations of minimum wage law may constitute a misdemeanor. Under 43 P.S. § 333.111, employers who willfully violate the Act may be subject to criminal prosecution, with penalties including fines and potential imprisonment.
Civil Actions:
Employees may file civil actions in court to recover unpaid minimum wages. Successful plaintiffs may recover back wages, liquidated damages, reasonable attorney fees, and costs of litigation under 43 P.S. § 333.113.
Prohibition on Retaliation:
Employers who retaliate against employees for filing complaints or participating in investigations face additional penalties. The Act prohibits discharge or discrimination against employees who exercise their rights under the minimum wage law.
Pennsylvania Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000, as well as to employees of certain enterprises and institutions regardless of sales volume.
The federal minimum wage was last increased as part of a three-step increase: $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. Despite numerous proposals to increase the federal minimum wage, no increases have been enacted since 2009, making this the longest period without a federal minimum wage increase since the FLSA’s enactment in 1938.
When State Law Applies
Pennsylvania law adopts the federal minimum wage rate through 43 P.S. § 333.104(a.1), which provides that if the federal minimum wage exceeds Pennsylvania’s statutory rate, Pennsylvania’s minimum wage automatically increases to match the federal rate. This automatic adoption mechanism means that whenever federal law requires a higher minimum wage, Pennsylvania employers must pay the higher federal rate.
For employers covered by both Pennsylvania and federal law, the requirements are effectively identical at $7.25 per hour. Pennsylvania law serves to extend minimum wage protection to employers and employees who may fall outside federal FLSA coverage, ensuring comprehensive minimum wage protection throughout the Commonwealth.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal or state—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Identify whether federal minimum wage applies to the employer and employee
- Identify whether Pennsylvania minimum wage applies to the employer and employee
- If both apply, pay whichever rate is higher (currently both are $7.25)
- If only one applies, pay that rate
- If neither applies (exempt employees), minimum wage requirements do not govern
Because Pennsylvania’s minimum wage matches the federal rate, employers covered by both laws face identical minimum wage obligations. The practical significance of Pennsylvania’s law lies in its extension of minimum wage coverage to employers and employees not covered by federal law, and in state enforcement mechanisms that complement federal enforcement.
Minimum Wage Posting Requirements
Pennsylvania law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. Under 43 P.S. § 333.108, employers must post a summary of the Minimum Wage Act where employees can read it, typically near time clocks, in break rooms, or at other prominent locations in the workplace.
Where to obtain posters:
- Download from the Pennsylvania Department of Labor & Industry website
- Request printed copies by calling 833-728-2367 (Option 1)
- Available in English (additional languages may be available upon request)
Posting locations:
The minimum wage poster must be displayed in each workplace location where employees can readily see it. Employers with multiple work locations must post the notice at each site. The notice must include current wage rates, employee rights under the law, and contact information for the Pennsylvania Department of Labor & Industry.
Compliance:
Failure to display required posters may result in citations and penalties from the Department of Labor & Industry. Employers must update posters when minimum wage rates change or when the Department issues revised poster versions. Proper posting helps ensure employees are informed of their wage rights and how to report violations.
Frequently Asked Questions: Minimum Wage in Pennsylvania 2026
What is the minimum wage in Pennsylvania in 2026?
The minimum wage in Pennsylvania is $7.25 per hour as of 2026. Pennsylvania adopts the federal minimum wage rate, which has remained at $7.25 since July 24, 2009.
When is the next minimum wage increase in Pennsylvania?
No minimum wage increases are currently scheduled in Pennsylvania. The rate will remain $7.25 per hour unless changed by future federal legislation or Pennsylvania state legislation establishing a higher rate.
Does Pennsylvania allow tip credit?
Yes, Pennsylvania permits employers to pay tipped employees a cash wage of $2.83 per hour with up to $4.42 in tip credit, provided total compensation reaches $7.25 per hour. Employees must receive at least $135 per month in tips to qualify as tipped employees.
Are there different minimum wages in different cities in Pennsylvania?
No, Pennsylvania maintains a uniform statewide minimum wage of $7.25 per hour. State law prohibits local jurisdictions from enacting different minimum wage rates. All employers in Pennsylvania must comply with the statewide rate.
Who is exempt from minimum wage in Pennsylvania?
Common exemptions from Pennsylvania minimum wage include executive, administrative, and professional employees meeting salary and duties tests, outside sales employees, certain agricultural workers, domestic service employees in private homes, newspaper delivery workers, and properly classified independent contractors. Most hourly workers, including part-time employees, are covered by minimum wage requirements.
What happens if an employer pays below minimum wage in Pennsylvania?
Employers who pay below minimum wage face back wage liability equal to the unpaid amount, liquidated damages equal to unpaid wages, civil penalties, and potential criminal prosecution. Employees can file complaints with the Pennsylvania Department of Labor & Industry or bring civil actions to recover unpaid wages. Pennsylvania law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in Pennsylvania?
Yes, all employers in Pennsylvania must pay minimum wage regardless of business size. Even businesses with one employee must comply with the $7.25 hourly rate, unless specific exemptions apply to the employee’s job duties.
Is Pennsylvania’s minimum wage higher than the federal minimum?
No, Pennsylvania’s minimum wage equals the federal minimum wage of $7.25 per hour. Pennsylvania law adopts the federal rate, so state and federal requirements are identical for covered employers.
How often does Pennsylvania increase its minimum wage?
Pennsylvania’s minimum wage increases automatically when the federal minimum wage increases. The state law is tied to federal law, so Pennsylvania’s rate changes only when federal law changes. The federal minimum has not increased since July 24, 2009.
Can employers pay less than minimum wage during training?
Pennsylvania permits employers to pay workers under age 20 a training wage during their first 60 calendar days of employment. However, because Pennsylvania’s training wage is set equal to the federal minimum wage, the training wage is also $7.25 per hour, providing no differential from the standard minimum wage. Learners and student workers may be paid 85% of minimum wage ($6.16 per hour) if employers obtain special certificates.
How to file a minimum wage complaint in Pennsylvania
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the Pennsylvania Department of Labor & Industry. Filing methods include:
- Online portal: Pennsylvania Department of Labor & Industry complaint page
- Phone: 1-800-932-0665
- In-person or mail: Contact one of the Department’s regional offices (contact information available on the Department website)
The Department will investigate the complaint and may recover unpaid wages on behalf of the employee. Pennsylvania law prohibits employer retaliation against workers who file wage complaints or participate in investigations. Employees should file complaints within two years of when the work was performed.
Do remote workers in Pennsylvania get the Pennsylvania minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers physically located in Pennsylvania while performing work are typically entitled to Pennsylvania’s minimum wage of $7.25 per hour, even if their employer is based in another state. If Pennsylvania’s rate is lower than the employee’s home state rate or the employer’s state rate, the higher rate would apply under the principle of highest applicable minimum wage.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Primary Legal and Government Sources — Pennsylvania (Verified) | ||
|---|---|---|
| Source | Last Verified | Full URL |
| The Minimum Wage Act of 1968 (43 P.S. § 333.101 et seq.) | February 3, 2026 | https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1968/0/0005..HTM |
| Pennsylvania Department of Labor & Industry — Minimum Wage | February 3, 2026 | https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/minimum-wage/Pages/default.aspx |
| 34 Pa. Code Chapter 231 (Minimum Wage Regulations) | February 3, 2026 | https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/034/chapter231/chap231toc.html |
| 34 Pa. Code § 231.101a (Tipped Minimum Wage) | February 3, 2026 | https://www.law.cornell.edu/regulations/pennsylvania/34-Pa-Code-SS-231-101a |
| Pennsylvania Department of Labor & Industry — Wage FAQs | February 3, 2026 | https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx |
| Pennsylvania Tipped Worker Regulations (2022) | February 3, 2026 | https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-19/661.html |
| Fair Labor Standards Act (Federal) | February 3, 2026 | https://www.dol.gov/agencies/whd/flsa |
| Pennsylvania Department of Labor & Industry — Mandatory Postings | February 3, 2026 | https://www.dli.pa.gov/Pages/Mandatory-Postings.aspx |