Pennsylvania . Wage & Hour . Updated April 2026

Pennsylvania enforces federal FLSA exemption rules and duties test.

Pennsylvania employers must ensure all employees classified as exempt from overtime meet the federal FLSA salary basis and duties tests. The state does not have its own higher salary threshold, but misclassification carries significant penalties under the Wage Payment and Collection Law (WPCL).

Exemption Salary Threshold
$684/week (federal)
Misclassification Risk
WPCL individual liability
Statute of Limitations
3 years
Active

FLSA Exempt + Duties Test

Validates exempt classification against $684/week salary basis and federal duties test. Annual review enforced. Misclassification triggers WPCL exposure.

Critical Severity
Avoid Misclassification
Always running

What those rules do as a Pennsylvania shift is created.

Teambridge continuously monitors employee classifications against the federal FLSA exemption criteria, flagging potential misclassifications in real-time or upon changes to an employee's role or compensation. This proactive approach minimizes exposure to wage claims and WPCL penalties.

Block Invalid Exempt Status

If an employee's salary falls below $684/week or their duties clearly do not meet the federal executive, administrative, or professional tests, Teambridge flags the classification as invalid, preventing the system from automatically applying exempt status.

Avoid WPCL Liability

By preventing misclassification, Teambridge reduces the risk of unpaid overtime claims, which can lead to significant damages, attorney's fees, and individual liability for officers and agents under Pennsylvania's Wage Payment and Collection Law.

Flag Duty Test Ambiguity

For roles with duties that fall into gray areas, Teambridge prompts HR or compliance teams for manual review and documentation, ensuring a defensible classification even when the duties test is complex.

Get Pennsylvania compliance on autopilot.

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The rule, plainly stated

Pennsylvania adopts federal FLSA exemption standards for overtime.

Pennsylvania's Minimum Wage Act (PMWA) largely mirrors the federal Fair Labor Standards Act (FLSA) regarding overtime exemptions. Employers must meet both the federal salary basis test and the federal duties test for an employee to be properly classified as exempt from overtime.

29 U.S.C. § 201 et seq.; 34 Pa. Code § 231.1 et seq.

The Pennsylvania Minimum Wage Act of 1968 (PMWA) incorporates by reference the definitions and exemptions found in the federal Fair Labor Standards Act (FLSA), including the salary and duties tests for executive, administrative, and professional (EAP) exemptions. Pennsylvania does not currently impose a higher salary threshold than the federal standard.

Salary Basis Test

To qualify for an FLSA exemption, an employee must be paid on a salary basis, meaning they receive a predetermined amount of compensation each pay period that is not subject to reduction due to variations in the quality or quantity of work performed. The federal minimum salary threshold for most EAP exemptions is $684 per week ($35,568 annually). Pennsylvania follows this federal standard. Failure to meet the salary basis test, even if duties are exempt, renders an employee non-exempt.

Duties Test

In addition to the salary basis test, an employee's primary duties must meet specific criteria for one of the FLSA exemptions (Executive, Administrative, Professional, Computer Employee, or Outside Sales). These tests are detailed and focus on the actual work performed, the employee's level of discretion and independent judgment, and their authority. For example, an exempt executive's primary duty must be managing the enterprise or a recognized department, customarily and regularly directing the work of two or more other employees, and having the authority to hire or fire, or whose suggestions are given particular weight. The PMWA adopts these federal definitions without modification.

On autopilot

Teambridge ensures your exempt classifications are always compliant in Pennsylvania.

Teambridge automates the complex process of validating exempt classifications, integrating the federal FLSA salary and duties tests directly into your workforce management. This means continuous monitoring and proactive alerts, keeping you ahead of potential compliance issues.

01 . Proactive Salary Validation

Real-time salary threshold checks.

Teambridge automatically verifies that all employees designated as exempt meet the current federal salary threshold of $684/week. Any compensation change that drops an employee below this threshold triggers an immediate alert and flags the employee as potentially misclassified.

02 . Dynamic Duties Test Prompts

Guided duties assessment.

When an employee is hired or their role changes, Teambridge provides structured prompts and questionnaires tailored to the FLSA duties tests (Executive, Administrative, Professional). This ensures that the primary duties are properly documented and assessed against the regulatory requirements.

03 . Annual Classification Review

Scheduled compliance audits.

Teambridge schedules and facilitates annual reviews of all exempt classifications, prompting managers and HR to re-verify salary levels and current job duties. This helps catch any drift in roles or compensation that could lead to misclassification over time.

04 . Misclassification Risk Reporting

Actionable insights for compliance.

The platform generates detailed reports on employees at risk of misclassification, highlighting specific reasons (e.g., salary below threshold, ambiguous duties). These reports provide clear, actionable insights for your compliance team to address issues before they become liabilities.

FAQ

People also ask.

What is the current salary threshold for FLSA exemption in Pennsylvania?

As of April 2026, Pennsylvania follows the federal FLSA salary threshold. For most executive, administrative, and professional (EAP) exemptions, the minimum salary is $684 per week ($35,568 annually). There is no higher state-specific salary threshold.

Does Pennsylvania have its own duties test for exempt employees?

No, Pennsylvania's Minimum Wage Act (PMWA) incorporates by reference the federal FLSA duties tests. Employers in Pennsylvania must adhere to the detailed federal criteria for executive, administrative, and professional primary duties to properly classify an employee as exempt from overtime.

What are the consequences of misclassifying an employee as exempt in Pennsylvania?

Misclassification can lead to significant penalties under the Pennsylvania Wage Payment and Collection Law (WPCL). Employers may be liable for unpaid overtime wages, liquidated damages (often double the unpaid wages), attorney's fees, and court costs. Critically, the WPCL allows for individual liability for corporate officers and agents who knowingly permit violations.

Can an employee be exempt if they meet the duties test but not the salary test?

No. To be properly classified as exempt from overtime under the FLSA (and thus in Pennsylvania), an employee must satisfy both the salary basis test (earning at least the minimum salary threshold on a salary basis) and the applicable duties test. Failure to meet either renders the employee non-exempt.

Are there any specific exemptions unique to Pennsylvania?

While Pennsylvania largely adopts federal FLSA exemptions, it's always crucial to review specific state labor laws. For example, some agricultural workers may have different considerations. However, for the standard EAP exemptions, the federal rules apply directly.

How often should exempt classifications be reviewed?

It is best practice to review exempt classifications annually, or whenever there is a significant change in an employee's job duties, responsibilities, or compensation. This proactive review helps ensure ongoing compliance with both the salary and duties tests.