Under the Pennsylvania Minimum Wage Act (PMWA), the new state wage-and-hour regulations will take effect on August 5th for tipped and salaried nonexempt workers. The PNWA establishes a fixed minimum wage and overtime rate for employees in Pennsylvania. In addition, it sets forth compliance-related duties for the Department of Labor & Industry and employers. These changes align with additional federal regulations, including raising the tipped employees’ minimum wage to $7.25 an hour.
New Regulation Requirements
Pennsylvania employers are now required to calculate the regular pay rate for salaried, nonexempt employees by adding all remuneration for the workweek and dividing this by 40 hours. In addition, to calculate the overtime pay due, the regular rate is:
- Multiplied by 1.5
- Then, multiplied by the number of hours worked more than 40 in that workweek
The new formula for calculating overtime premiums for salaries of nonexempt employees is:
- [(Weekly salary + any other remuneration not excluded under 34 Pa. Code § 231.43(a)) ÷ 40 hours] × 1.5 × OT hours = Total Overtime Owed
This new formula for salaried nonexempt overtime workers is a departure from the Fair Labor Standards Act’s (FLSA) fluctuating workweek (FWW) method of calculating overtime premium pay for salaried nonexempt employees.
What This Means
Pennsylvania’s new formula for calculating overtime pay for salaried nonexempt employees was created to be more protective for workers. In addition, it will result in greater overtime pay for employees than before with the federal FWW formula. All employers in Pennsylvania should consider re-evaluating whether their practices comply with the new PNWA formula.
Is It Time For Your Business To Invest In Payroll Outsourcing Services?
It’s no secret that payroll management is a long and tiring process, not to mention keeping up with new regulations you must comply with. If you’re struggling, it’s time to consider outsourcing payroll administration to a professional employer organization (PEO) such as GMS. Contact us today.