Pennsylvania employment law compliance requirements

Employers must post an abstract of the Pennsylvania Equal Pay Law in a conspicuous place in the workplace where employees can easily read it.

43 P.S. § 336.7 · effective Dec 1959 · source

Employers with four or more employees must post the Pennsylvania Human Relations Commission (PHRC) poster regarding non-discrimination in employment.

16 Pa. Code § 41.101 · effective Oct 1955 · source

Employers must post a summary of the Pennsylvania Minimum Wage Act and regulations in a conspicuous place in the workplace.

43 P.S. § 333.108 · effective Jan 1968 · source

Employers must post the Pennsylvania Unemployment Compensation poster and provide written notice of unemployment compensation availability to employees upon separation.

43 P.S. § 764; 34 Pa. Code § 61.4 · effective Oct 2020 · source

Employers must post a notice containing the name, address, and phone number of the employer's workers' compensation insurance carrier, and if applicable, a list of designated healthcare providers.

77 P.S. § 501; 34 Pa. Code § 121.3a · effective Jun 1915 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Effective January 1, 2025, non-compete covenants for medical doctors, osteopathic doctors, nurse practitioners, and physician assistants are generally void and unenforceable, with narrow exceptions.

43 P.S. §§ 1411-1418 · effective Jan 2025 · source

Employers cannot penalize, discipline, or dismiss an employee who is a victim or witness of a crime for attending court proceedings or cooperating with law enforcement.

18 Pa. C.S. § 4957 · effective Nov 1995 · source

Employers cannot deprive an employee of employment, or threaten or otherwise coerce them, because the employee receives a summons or serves as a juror.

42 Pa. C.S. § 4563 · effective Jun 1980 · source

Employers must grant a leave of absence to employees who are members of the Pennsylvania National Guard or reserve components of the US Armed Forces when called to active duty or training, and reinstate them to their former position.

51 Pa. C.S. § 7309 · effective Aug 1975 · source

Under the Pennsylvania Wage Payment and Collection Law, separated employees must be paid all earned wages no later than the next scheduled regular payday.

43 P.S. § 260.5 · effective Jul 1961 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Pennsylvania law prohibits employers from using the federal fluctuating workweek (FWW) method to calculate overtime for salaried non-exempt employees.

34 Pa. Code § 231.43; Chevalier v. General Nutrition Centers, Inc., 220 A.3d 1038 (Pa. 2019) · effective Nov 2019 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Pennsylvania requires tipped employees to receive a minimum cash wage of $2.83 per hour, with strict rules on tip credit eligibility and tip pools.

34 Pa. Code §§ 231.101, 231.34 · effective Aug 2022 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers must permit employees to inspect their own personnel files at reasonable times upon request.

43 P.S. § 1322 · effective Nov 1978

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Employers must maintain records of wages, wage rates, job classifications, and other terms of employment for all employees for at least one year.

43 P.S. § 336.6 · effective Dec 1959

Employers must maintain true and accurate records of the hours worked by each employee and the wages paid to them for at least three years.

43 P.S. § 333.108; 34 Pa. Code § 231.31 · effective Jan 1968

Pennsylvania is an at-will employment state with limited exceptions.

Pa. Common Law · effective Jan 2020

Pennsylvania law restricts employers from considering arrests that did not lead to conviction and limits the use of convictions to those that directly relate to the applicant's suitability for the position.

18 Pa. C.S. § 9125 · effective Jan 1980 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Pennsylvania employers must provide minors under the age of 18 with a documented, uninterrupted meal or rest break of at least 30 minutes if they work 5 or more consecutive hours.

43 P.S. § 40.3(a) · effective Oct 2012 · source