This section of PALawHelp.org has information and resources about Wages, Hours and Fair Labor Standard issues in Pennsylvania.
Click on a resource category listed below to see information related to that category.
Agricultural Employment
The Wage and Hour Division is responsible for administering a number of statutes that extend various protections to different types of agricultural workers. The coverage and requirements of these statutes may overlap. For more assistance with the requirements of each law, see the sections below. Because the interplay between the laws can be complex, please contact the nearest Wage and Hour District office with specific questions.
Employment of Minors: Child Labor Act
The Child Labor Act provides for the health, safety and welfare of minors by prohibiting their employment or work in certain establishments and occupations; under certain ages, restricting their hours of labor; regulating certain conditions of their employment; and requiring work permits for minors under the age of 18. If you think you have witnessed or experienced a Child Labor Act violation, you can file a complaint through this page and the Department of Labor & Industry will investigate.
Hours Worked – Do I have to pay for that time?
This video is part of a series of short Fair Labor Standards Act (FLSA) requirements COMPLIANCE VIDEOS. This video discusses hours worked and what work time and other non-scheduled time employers need to pay workers for.
How to File a Wage Complaint
The Wage and Hour Division is responsible for enforcing some of the nation’s most comprehensive federal labor laws. The workers who are protected by these laws often want to know: How do we do what we do? Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed. An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation. This webpage from the Wage and Hour Division explains the process for filing a complaint.
Know Your Employment Rights in Philadelphia!
Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. (January 2014)
Know Your Rights - Wages and Hours (Video)
The U.S. Department of Labor's Wage and Hour Division (WHD) has developed the “Know Your Rights” video series in English and Spanish to provide workers with useful basic information in different scenarios that workers encounter in the workplace.
Minimum Wage (Video)
This video is part of a series of short Fair Labor Standards Act (FLSA) requirements COMPLIANCE VIDEOS. This video discusses the Minimum Wage requirement of the law.
Misclassification as Independent Contractor
Misclassification occurs when an employer treats a worker who is an employee under the FLSA as an independent contractor. Misclassifying employees as independent contractors is a serious problem because misclassified employees may not receive the minimum wage and overtime pay to which they are entitled under the FLSA or other benefits and protections to which they are entitled under the law. A worker is entitled to minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) when there is an employment relationship between the worker and an employer, and there is coverage under the FLSA. This page from the Wage and Hour Division explains Misclassification of Workers.
Pennsylvania's Minimum Wage Law
Information from the Pennsylvania Department of Labor and Industry about Pennsylvania's minimum wage requirements. The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth requirements for employers regarding record retention. In addition, the Act provides penalties for noncompliance, establishes duties for the Department of Labor & Industry, and establishes the Minimum Wage Advisory Board.
Questions and Answers about the Minimum Wage
Questions and Answers from the United States Department of Labor about the Minimum Wage
Residential Care Facilities (Group Homes) under the Fair Labor Standards Act
This fact sheet from the United States Department of Labor provides general information on minimum wage, overtime pay and child labor requirements of the Fair Labor Standards Act (FLSA) as they apply to residential care facilities, including group homes, board and care facilities. (July 2008)
Tipped Employees Under the Fair Labor Standards Act (FLSA)
This Fact Sheet from the United States Department of Labor provides general information concerning the application of the Fair Labor Standards Act to tipped employees, whether an employer pays the full minimum wage or takes a credit against the tips earned by the employee towards its minimum wage obligations.
Wage and Hour Division Fact Sheets
The U. S. Department of Labor, Wage and Hour Division provides fact sheet on a number of topics, including information on work in specific industries. The Fact Sheets provide information on the rights of employees in those industries as to wages and hours worked.
Wages and Hours
Information from Neighborhood Legal Services Association on wage and hour issues including how to file a complaint.
How to File a Case in Philadelphia Small Claims Court
You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. This is an explanation of the Small Claims Court process in Philadelphia from Philadelphia Legal Assistance, as outlined in a brochure from the Philadelphia Municipal Court.
How to File a Petition to Proceed In Forma Pauperis (Video)
This video from Summit Legal Aid, formerly Laurel Legal Services, provides an explanation of what In Forma Pauperis is (a request to file legal papers without having to pay the filing fee because you cannot afford to pay the fees) and line-by-line instructions on completing a petition to request permission to proceed without paying filing fees. (2020) Summit Legal Aid was formed when Southwestern Pennsylvania Legal Aid and Laurel Legal Services merged into a single legal aid program on July 1, 2023.
How to Sue At the Office of the Magisterial District Judge
In Pennsylvania, people can bring lawsuits against individuals or businesses by filing a complaint at the office of a Magisterial District Justice. The advantage of filing with a Magisterial District Justice is that the system can work well without attorneys. The Magisterial District Justice can hear cases in which there is $12,000.00 or less at issue. This provides information from MidPenn Legal Services on how to file suit on small claims in your local Office of the Magisterial District Justice, formerly known as the District Justice, Justice of the Peace, or Magisterial District Judge. (July 2012)
Magisterial District Judge Court - Filing Suit
This information from Northwestern Legal Services provides instructions on how to file a lawsuit in Magisterial District Judge Court. Revised: November 2018.
Minimum Wage and Overtime Complaint Form
The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth requirements for employers regarding record retention. In addition, the Act provides penalties for noncompliance, establishes duties for the Department of Labor & Industry, and establishes the Minimum Wage Advisory Board. If you think you have witnessed or experienced a Minimum Wage Act violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
Wage Complaint Form
The Wage Payment and Collection Law requires employers to pay employees the communicated pay rate and schedule. The Act also regulates the method of payment as well as the types of deductions an employer can deduct from employees’ wages. If you think you have experienced a Wage Payment and Collection Law violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
Wage Theft Complaint and Information - Philadelphia
If you’ve experienced wage theft in Philadelphia, you can file a complaint online. View this resource for information on the process in Philadelphia.
Where to File a Claim for Wages (Philadelphia)
A claim for unpaid wages can be filed with the U.S. Department of Labor, Pennsylvania Department of Labor and Industry, or Municipal Court. This chart lists information to help you determine where the claim should be filed. (August 2013)
Fair Labor Standards Act Advisor
The Fair Labor Standards Act Advisor, from the United States Department of Labor, provides employers and employees with the information they need to understand Federal minimum wage, overtime, child labor and recordkeeping requirements. The child labor section answers questions from youth, parents, teachers and employers about Federal child labor rules. This Advisor was developed by the Wage and Hour Division.
Federal Court Finder
Find a federal court location by location or court name, including appellate, district, bankruptcy, probation and pretrial office, or federal defender organization. Each District Court has its own local forms which are generally available on the Court website.
How to File a Case in Philadelphia Small Claims Court
You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. This is an explanation of the Small Claims Court process in Philadelphia from Philadelphia Legal Assistance, as outlined in a brochure from the Philadelphia Municipal Court.
How to File a Petition to Proceed In Forma Pauperis (Video)
This video from Summit Legal Aid, formerly Laurel Legal Services, provides an explanation of what In Forma Pauperis is (a request to file legal papers without having to pay the filing fee because you cannot afford to pay the fees) and line-by-line instructions on completing a petition to request permission to proceed without paying filing fees. (2020) Summit Legal Aid was formed when Southwestern Pennsylvania Legal Aid and Laurel Legal Services merged into a single legal aid program on July 1, 2023.
Minimum Wage and Overtime Complaint Form
The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth requirements for employers regarding record retention. In addition, the Act provides penalties for noncompliance, establishes duties for the Department of Labor & Industry, and establishes the Minimum Wage Advisory Board. If you think you have witnessed or experienced a Minimum Wage Act violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
Wage Complaint Form
The Wage Payment and Collection Law requires employers to pay employees the communicated pay rate and schedule. The Act also regulates the method of payment as well as the types of deductions an employer can deduct from employees’ wages. If you think you have experienced a Wage Payment and Collection Law violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
How to File a Case in Philadelphia Small Claims Court
You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. This is an explanation of the Small Claims Court process in Philadelphia from Philadelphia Legal Assistance, as outlined in a brochure from the Philadelphia Municipal Court.
How to File a Petition to Proceed In Forma Pauperis (Video)
This video from Summit Legal Aid, formerly Laurel Legal Services, provides an explanation of what In Forma Pauperis is (a request to file legal papers without having to pay the filing fee because you cannot afford to pay the fees) and line-by-line instructions on completing a petition to request permission to proceed without paying filing fees. (2020) Summit Legal Aid was formed when Southwestern Pennsylvania Legal Aid and Laurel Legal Services merged into a single legal aid program on July 1, 2023.
How to Sue At the Office of the Magisterial District Judge
In Pennsylvania, people can bring lawsuits against individuals or businesses by filing a complaint at the office of a Magisterial District Justice. The advantage of filing with a Magisterial District Justice is that the system can work well without attorneys. The Magisterial District Justice can hear cases in which there is $12,000.00 or less at issue. This provides information from MidPenn Legal Services on how to file suit on small claims in your local Office of the Magisterial District Justice, formerly known as the District Justice, Justice of the Peace, or Magisterial District Judge. (July 2012)
Know Your Employment Rights in Philadelphia!
Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. (January 2014)
Magisterial District Judge Court - Filing Suit
This information from Northwestern Legal Services provides instructions on how to file a lawsuit in Magisterial District Judge Court. Revised: November 2018.
Wages and Hours
Information from Neighborhood Legal Services Association on wage and hour issues including how to file a complaint.
Where to File a Claim for Wages (Philadelphia)
A claim for unpaid wages can be filed with the U.S. Department of Labor, Pennsylvania Department of Labor and Industry, or Municipal Court. This chart lists information to help you determine where the claim should be filed. (August 2013)
Wage and Hours Issues
Information on wage and hour issues from the Erie County Bar Association. The "Fair Labor Standards Act" which guarantees most employees minimum wage and overtime pay benefits is explained. (February 2019)
Agricultural Employment
The Wage and Hour Division is responsible for administering a number of statutes that extend various protections to different types of agricultural workers. The coverage and requirements of these statutes may overlap. For more assistance with the requirements of each law, see the sections below. Because the interplay between the laws can be complex, please contact the nearest Wage and Hour District office with specific questions.
Employment of Minors: Child Labor Act
The Child Labor Act provides for the health, safety and welfare of minors by prohibiting their employment or work in certain establishments and occupations; under certain ages, restricting their hours of labor; regulating certain conditions of their employment; and requiring work permits for minors under the age of 18. If you think you have witnessed or experienced a Child Labor Act violation, you can file a complaint through this page and the Department of Labor & Industry will investigate.
Fact Sheet #40: Overview of Youth Employment (Child Labor) Provisions of the Fair Labor Standards Act (FLSA) for Agricultural Occupations
This booklet from the United States Department of Labor provides information about the legal protections that apply to children working in farm jobs. [PDF] (December 2016)
Fair Labor Standards Act Advisor
The Fair Labor Standards Act Advisor, from the United States Department of Labor, provides employers and employees with the information they need to understand Federal minimum wage, overtime, child labor and recordkeeping requirements. The child labor section answers questions from youth, parents, teachers and employers about Federal child labor rules. This Advisor was developed by the Wage and Hour Division.
Fair Labor Standards Act Advisor - Frequently Asked Questions
These Questions and Answers are part of the FLSA Advisor of the United States Department of Labor. The Advisor helps you learn more about the minimum wage, overtime pay, child labor and record keeping laws enforced by the Wage and Hour Division of the Department of Labor.
Fair Labor Standards Act (FLSA) Minimum Wage Poster
Poster from the United States Department of Labor outlining current minimum wage requirements.
General Wage & Hour Questions
Frequently asked questions from the Pennsylvania Department of Labor and Industry on wage & hour requirements in Pennsylvania.
Homeworkers under the Fair Labor Standards Act (FLSA)
This Fact Sheet from the United States Department of Labor provides general information concerning the application of the Fair Labor Standards Act (FLSA) to homeworkers. Under the FLSA, industrial homework means the production by any person in or about a home, apartment, tenement, or room in a residential establishment, of goods for an employer who suffers or permits such production, regardless of the source (whether obtained from an employer or elsewhere) of the materials used by the homeworker in such production.(July 2008)
Hotels and Motel Establishments under the Fair Labor Standards Act (FLSA)
This fact sheet from the United States Department of Labor contains general information on how the FLSA applies to employees of hotels and motels. This publication is under revision in light of rulemakings involving tips and tipped workers. For the most up-to-date information on tips and tipped workers under the FLSA, please see Fact Sheet #15. (January 2020)
Hours Worked – Do I have to pay for that time?
This video is part of a series of short Fair Labor Standards Act (FLSA) requirements COMPLIANCE VIDEOS. This video discusses hours worked and what work time and other non-scheduled time employers need to pay workers for.
How to File a Wage Complaint
The Wage and Hour Division is responsible for enforcing some of the nation’s most comprehensive federal labor laws. The workers who are protected by these laws often want to know: How do we do what we do? Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed. An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation. This webpage from the Wage and Hour Division explains the process for filing a complaint.
Know Your Rights - Wages and Hours (Video)
The U.S. Department of Labor's Wage and Hour Division (WHD) has developed the “Know Your Rights” video series in English and Spanish to provide workers with useful basic information in different scenarios that workers encounter in the workplace.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. The MSPA also requires farm labor contractors to register with the U.S. Department of Labor (DOL).
Minimum Wage and Overtime Complaint Form
The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth requirements for employers regarding record retention. In addition, the Act provides penalties for noncompliance, establishes duties for the Department of Labor & Industry, and establishes the Minimum Wage Advisory Board. If you think you have witnessed or experienced a Minimum Wage Act violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
Minimum Wage (Video)
This video is part of a series of short Fair Labor Standards Act (FLSA) requirements COMPLIANCE VIDEOS. This video discusses the Minimum Wage requirement of the law.
Misclassification as Independent Contractor
Misclassification occurs when an employer treats a worker who is an employee under the FLSA as an independent contractor. Misclassifying employees as independent contractors is a serious problem because misclassified employees may not receive the minimum wage and overtime pay to which they are entitled under the FLSA or other benefits and protections to which they are entitled under the law. A worker is entitled to minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) when there is an employment relationship between the worker and an employer, and there is coverage under the FLSA. This page from the Wage and Hour Division explains Misclassification of Workers.
PA Courts Public Access Policy - Filing Requirements in the Courts (Video)
Effective on January 6, 2018, a new Public Access Policy is in effect in Pennsylvania Courts. This policy imposes requirements on anyone filing court documents in the trial and appellate courts to safeguard information in the documents they file. The Pennsylvania Courts have released a series of videos that explain the judiciary’s new policy for protecting confidential information and the required steps you must take to protect that information when filing documents in the courts. This video provides an overview of the new requirements. Follow the link to view the entire series of videos.
Pennsylvania's Minimum Wage Law
Information from the Pennsylvania Department of Labor and Industry about Pennsylvania's minimum wage requirements. The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. It also sets forth requirements for employers regarding record retention. In addition, the Act provides penalties for noncompliance, establishes duties for the Department of Labor & Industry, and establishes the Minimum Wage Advisory Board.
Questions and Answers about the Minimum Wage
Questions and Answers from the United States Department of Labor about the Minimum Wage
Residential Care Facilities (Group Homes) under the Fair Labor Standards Act
This fact sheet from the United States Department of Labor provides general information on minimum wage, overtime pay and child labor requirements of the Fair Labor Standards Act (FLSA) as they apply to residential care facilities, including group homes, board and care facilities. (July 2008)
The Construction Industry under the Fair Labor Standards Act
This fact sheet from the United States Department of Labor provides general information concerning the application of the Fair Labor Standards Act to the construction industry. (July 2008)
The Employment of Workers with Disabilities at Subminimum Wages
Fact Sheet from United States Department of Labor is on Section 14(c) of the FLSA which authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages, less than the Federal minimum wage, to workers who have disabilities. [PDF] (July 2008)
Tipped Employees Under the Fair Labor Standards Act (FLSA)
This Fact Sheet from the United States Department of Labor provides general information concerning the application of the Fair Labor Standards Act to tipped employees, whether an employer pays the full minimum wage or takes a credit against the tips earned by the employee towards its minimum wage obligations.
Wage and Hour Division Fact Sheets
The U. S. Department of Labor, Wage and Hour Division provides fact sheet on a number of topics, including information on work in specific industries. The Fact Sheets provide information on the rights of employees in those industries as to wages and hours worked.
Wage and Hour Division, U.S. Department of Labor
Website of the Wage and Hour Division of the U.S. Department of Labor.
Wage Complaint Form
The Wage Payment and Collection Law requires employers to pay employees the communicated pay rate and schedule. The Act also regulates the method of payment as well as the types of deductions an employer can deduct from employees’ wages. If you think you have experienced a Wage Payment and Collection Law violation, you can file a complaint—the Department of Labor & Industry (L&I) will investigate.
Wage Statement (Migrant and Seasonal Agricultural Worker Protection Act - MSPA)
Properly filled out, this optional form will satisfy the requirements of sections 201 (d), (e), and (g) and sections 301 (c), (d), and (f) of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This forms also satisfies statutory requirements under section 11 (c) of the Fair Labor Standards Act (FLSA).
Youth Rules!
This website from the United States Department of Labor provides information on the laws relating to workers under the age of 18.
How to File a Case in Philadelphia Small Claims Court
You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. This is an explanation of the Small Claims Court process in Philadelphia from Philadelphia Legal Assistance, as outlined in a brochure from the Philadelphia Municipal Court.
Wage Theft Complaint and Information - Philadelphia
If you’ve experienced wage theft in Philadelphia, you can file a complaint online. View this resource for information on the process in Philadelphia.
Wage Theft Law - Philadelphia
Fact sheet providing information on the Wage Theft Law in effect in Philadelphia.