Pennsylvania Form No. LLC-1 - Minimum Wage Law Poster and Fact Sheet Mandatory

MINIMUM WAGE LAW SUMMARY
MUST BE POSTED IN A CONSPICUOUS PLACE IN EVERY
PENNSYLVANIA BUSINESS GOVERNED BY THE MINIMUM WAGE ACT

Minimum Wage Rate

Overtime Rate

$7.25 per hour
Effective
July 24, 2009

Workers shall be paid
1½ times their regular rate
of pay after 40 hours worked
in a workweek

(Except as Described)

(Except as Described)

The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime
Rate for employees. It also sets forth compliance-related duties for the Department of Labor
& Industry and for employers. In addition, the Minimum Wage Act provides penalties for
noncompliance. This summary is for general information only and is not an official position
formally adopted by the Department of Labor & Industry.

TIPPED EMPLOYEES:	

PENALTIES:

An employer may pay a minimum of $2.83 per hour

Failure to pay the legal minimum wage or other

to an employee who makes $135.00 per month in

violations may result in payment of back wages and

tips. The employer must make up the difference

other civil or criminal action where warranted.

if the tips and $2.83 do not meet the regular
Pennsylvania minimum wage.

KEEPING RECORDS:

EXEMPTIONS:
Overtime applies to certain employment
classifications. (see pages 2 and 3)

Every employer must maintain accurate records of
each employee’s earnings and hours worked, and
provide access to Labor & Industry.

SPECIAL ALLOWANCES FOR:
Students, learners and people with disabilities, upon
application only.

LLC-1 REV 06-22 (Page 1)

EXEMPTIONS FROM BOTH

Minimum Wage and Overtime Rates
• 	 Labor on a farm
• 	 Domestic service in or about the private home of
the employer

• 	 Delivery of newspapers to the consumer
• 	 Publication of weekly, semi-weekly or daily

newspaper with a circulation of less than
4,000 when the major portion of circulation
is in the county where published or a bordering
county

• 	 Bona fide outside salesman
• 	 Educational, charitable, religious, or nonprofit
organization where no employer-employee
relationship exists and service is rendered
gratuitously

• 	 Golf caddy
• 	 In seasonal employment, if the employee is

under 18 years of age or if a student under
24 years of age is employed by a nonprof it
health or welfare agency engaged in activities
dealing with children with disabilities or by a
nonprof it day or resident seasonal recreational

	

camp for campers under the age of 18 years,
which operates for a period of less than three
months in any one year

• 	 In employment by a public amusement or

recreational establishment, organized camp,
or religious or nonprof it educational
conference center, if (i) it does not operate
more than seven months a year or (ii) during
the preceding calendar year, the average
receipts for any 6 months were not more
than 33% of its average receipts for the other
6 months of such year

• 	 Switchboard operator employed by an

independently-owned public telephone
company which has no more than 750 stations

• 	 Employees not subject to civil service laws who

hold elective off ice or are on the personal staff
of such an off iceholder, are immediate advisers
to the off iceholder, or are appointed by the
off iceholder to serve on a policy making level

• 	 Executive, Administrative, and Professional
employees, as def ined by the Department

ALLOWANCES
Wages paid to any employee may include reasonable cost of board, lodging and other facilities. This may be
considered as part of the minimum wage if the employee is notified of this condition and accepts it as a usual
condition of employment at the time of hire or change of classification. The wages, including food credit plus
tips, must equal the current minimum wage.
Board: Food furnished in the form of meals on an established schedule.
Lodging: Housing facility available for the personal use of the employee at all hours.
Reasonable Cost: Actual cost, exclusive of profit, to the employer or to anyone affiliated with the employer.

LLC-1 REV 06-22 (Page 2)

EXCEPTIONS from Minimum Wage Rates
•	

Learners and students (bona fide high school or
college), after obtaining a Special Certificate from
the Bureau of Labor Law Compliance, (651 Boas
Street, Room 1301, Harrisburg, PA 17121-0750) may
be paid 85% of the minimum wage as follows:
Learners: 40 hours a week. Maximum eight weeks
Students: Up to 20 hours a week. Up to 40 hours
a week during school vacation periods

•	

Individuals with a physical or mental deficiency
or injury may be paid less than the applicable
minimum wage if a license specifying a rate
commensurate with productive capacity
is obtained from the Bureau of Labor Law
Compliance, (651 Boas Street, Room 1301,
Harrisburg, PA 17121-0750), or a federal
certificate is obtained under Section 14(c) of
the Fair Labor Standards Act from the U.S.
Department of Labor

EXEMPTIONS from Overtime Rates
• 	 A seaman
• 	 Any salesman, partsman or mechanic primarily

engaged in selling and servicing automobiles,
trailers, trucks, farm implements or aircraft, if
employed by a non-manufacturing establishment
primarily engaged in the selling of such vehicles
to ultimate purchasers. (Example: 51% of business
is selling as opposed to 49% in servicing such
vehicles)

• 	 Taxicab driver
• 	 Any employee of a motor carrier the Federal

Secretary of Transportation has power to
establish qualifications and maximum hours of
service under 49 U.S.C. Section 3102 (b)(1) and
(2) (relating to requirements for qualifications,
hours of service, safety and equipment
standards)

• 	 Any employee engaged in the processing of

maple sap into sugar (other than refined sugar) or
syrup

• 	 Employment by a motion picture theatre
• 	 Announcer, news editor, chief engineer of a radio
or television station, the major studio of which is
located in:

LLC-1 REV 06-22 (Page 3)

• 	 City or town of 100,000 population or less,

if it is not part of a standard metropolitan
statistical area having a total population in
excess of 100,000; or

• 	 City or town of 25,000 population or less,

which is part of such an area but is at least
40 airline miles from the principal city in
the area

• 	 The hours of an employee of an air carrier subject
to the provisions of Title II of the Railway Labor
Act (Public Law 69-257, 44 Stat. 577, 45 U.S.C. § 181
et seq.) when:

• 	 the hours are voluntarily worked by the

employee pursuant to a shift-trading
practice under which the employee has
the opportunity to reduce hours worked
in any workweek by voluntarily offering a
shift for trade or reassignment; or

• 	 the required hours of work, wages and

overtime compensation have been
agreed to either in a collective bargaining
agreement between the employer and
labor organization representing employees
for purposes of collective bargaining or
pursuant to a voluntary agreement or
understanding arrived at between the
employer and employee

QUESTIONS/COMPLAINTS
CONTACT:
Bureau of Labor Law Compliance
Altoona District Office
1130 12th Avenue
Suite 200
Altoona, PA 16601-3486
Phone: 814-940-6224 or 877-792-8198

Bureau of Labor Law Compliance
Harrisburg District Office
651 Boas Street, Room 1301
Harrisburg, PA 17121-0750
Phone: 717-787-4671 or 800-932-0665 

 COUNTIES SERVED:
Armstrong
Bedford
Blair
Cambria
Cameron
Centre
Clarion
Clearfield
Adams
Columbia
Cumberland
Dauphin
Franklin
Juniata

Bureau of Labor Law Compliance
Scranton District Office
201-B State Office Bldg.
100 Lackawanna Avenue
Scranton, PA 18503
Phone: 570-963-4577 or 877-214-3962 

Jefferson
McKean
Mifflin
Potter
Somerset
Warren
Westmoreland

Lancaster
Lebanon
Montour
Perry
York

Bucks
Chester
Delaware
Montgomery
Philadelphia

Bureau of Labor Law Compliance
Philadelphia District Office
110 North 8th St., Suite 203
Philadelphia, PA 19107
Phone: 215-560-1858 or 877-817-9497
Bureau of Labor Law Compliance
Pittsburgh District Office
301 5th Avenue, Suite 330
Pittsburgh, PA 15222
Phone: 412-565-5300 or 877-504-8354 

Clinton
Elk
Fayette
Forest
Fulton
Huntingdon
Indiana

Allegheny
Beaver
Butler
Crawford
Erie
Berks
Bradford
Carbon
Lackawanna
Lehigh
Luzerne
Lycoming

Greene
Lawrence
Mercer
Venango
Washington
Monroe
Northampton
Northumberland
Pike
Schuylkill
Snyder
Sullivan

Susquehanna
Tioga
Union
Wayne
Wyoming

MORE INFORMATION IS AVAILABLE ONLINE
Additional information about the Minimum Wage Act is available online at: www.dli.pa.gov,
PA Keyword: Minimum Wage. From the Web site you can submit a complaint form, find answers to frequently
asked questions and read more about the Minimum Wage Act.

Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program
LLC-1 REV 06-22 (Page 4)