Is Seasonal Employment Exempt From Overtime Laws in Pennsylvania?

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    Overtime Laws

    • Pennsylvania has no laws or regulations specifically concerning overtime; the state simply upholds federal regulations. Federal law states that children under 16 cannot work overtime, and any adult employees working more than 40 hours a week must be paid 150 percent of their normal hourly wage. However, employers can schedule employees for as much overtime as they need.

    Exemptions

    • Some work in Pennsylvania is exempt from overtime compensation laws, and some of that work can be seasonal. Any agriculture work does not have to follow wage guidelines nor does any "public amusement establishment," organized camp or religious activity as long as the endeavor runs for less than seven months per calendar year. Interestingly, any employee working with maple syrup or in a movie theater is not covered by overtime laws either.

    Contractors

    • Be aware that if your employer hired you as a contractor and not as an employee, your employer does not have to pay you overtime. Contractors are technically self-employed (which means you pay all of your own taxes) and work for an agreed amount lump sum or set hourly wage that is stipulated in the contract and not subject to overtime.

    Wages

    • If your employer had you fill out a W-4 form when you were hired and you do not work in any job listed in the "Exemptions" section, your employer must pay you time and a half for every hour worked over 40 in a week. The minimum wage in Pennsylvania in 2010 was $7.25, and the minimum for time and a half was $10.88.

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