Pennsylvania Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Pennsylvania need to know.

Pennsylvania’s employment laws primarily conform or defer to federal standards, though they do include a few state-level provisions, such as equal pay, final paychecks, and paying out unused vacation time. Despite the state’s light regulatory touch, employers must remain mindful of evolving Pennsylvania workplace standards, such as non-compete agreements.

When it comes to talent and workforce management, Pennsylvania-based employers need to comply with the following state employment laws: 

  • Pay equity
  • Final paychecks
  • Anti-discrimination and harassment

The below information was last updated July 21, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Pennsylvania Labor Laws 

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.  

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
 

Is Pennsylvania a Right-to-Work State? 

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Pennsylvania currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Pennsylvania can pass a right-to-work law in the future if it chooses.
 

Pennsylvania Employment Laws 

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
 

Pennsylvania Wage Laws 

Pennsylvania Minimum Wage The state of Pennsylvania mirrors the federal minimum wage rate of $7.25, but has a slightly higher tipped minimum wage rate of $2.83 per hour for employees who earn tips with their base pay.

Pennsylvania Overtime Pay Laws

According to Pa. Code 34 § 231.43(d)(3), overtime pay in Pennsylvania is calculated at 1.5 times the employee’s regular pay rate for hours worked over 40 in a workweek.
Pennsylvania Pay Equity Law Under the Pennsylvania Equal Pay Law, public and private employers in Pennsylvania can’t discriminate on the basis of sex by paying wages to any employee at a rate less than the rate paid to employees of the opposite sex for work under equal conditions on jobs that require equal skills.

Pennsylvania Pay Transparency Law

Pennsylvania currently has no pay transparency laws or regulations.

Pennsylvania Final Paycheck Law

In Pennsylvania, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday.

Pennsylvania PTO Payout Laws

Pennsylvania doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies.

 

Pennsylvania Leave Laws

Pennsylvania Paid Sick Leave (PSL) Pennsylvania currently has no paid sick leave laws or regulations.

Pennsylvania Paid Family and Medical Leave (PFML)

Pennsylvania currently has no PFML laws or regulations. Although, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons.
Pennsylvania Maternity Leave Pennsylvania doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. 

Pennsylvania Voting Leave Law

Pennsylvania currently has no voting leave laws or regulations.

 

Pennsylvania Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).  

While some states adopt additional health and safety regulations, Pennsylvania is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
 

Pennsylvania Work Break Laws

Pennsylvania currently has no work break laws or regulations.

Pennsylvania Harassment and Workplace Discrimination Laws

As described by the Pennsylvania Human Relations Act, and enforced by the Pennsylvania Human Rights Commission, employers in Pennsylvania are prohibited from discriminating against employees based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Age
  • Disability
  • Ancestry

Pennsylvania also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Human Relations Act. Employers must, for example, respond to complaints and remedy the workplace environment. 

Pennsylvania doesn't, however, require employees to complete any harassment or discrimination training courses.
 

Other Pennsylvania Employment Laws 

Pennsylvania Non-Compete Agreement Laws

Pennsylvania is one of several states that limit the use of non-compete agreements. Under Pennsylvania law, covenants not to compete must be:

  • ancillary to the employment relationship
  • reasonably necessary for the protection of the employer
  • reasonable in duration and geographic reach

Furthermore, as of January 1, 2025, Pennsylvania heavily limits most non-compete agreements between employers and healthcare practitioners, including physicians, osteopaths, certified registered nurse anesthetists, certified registered nurse practitioners, and physician assistants. However, non-compete covenants that don’t exceed one year in length remain enforceable when the healthcare practitioner voluntarily terminates employment.

Pennsylvania Retirement Plan Laws

Pennsylvania currently has no mandatory retirement plan laws or regulations.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor. 

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