Pennsylvania overtime rules: the regular rate for salaried and day-rate workers

How does Pennsylvania figure overtime for salaried non-exempt workers? It divides the pay by 40 hours to get the regular rate (34 Pa. Code 231.43(g)).

Pennsylvania pays overtime after 40 hours, as federal law does. What it changes is how the regular rate is worked out, under 34 Pa. Code 231.43 (amended effective 2022).

Salaried, non-exempt workers: 231.43(g)

"The regular rate for salaried employees who are not exempt from overtime is the amount of remuneration determined under subsection (a) divided by 40 hours."

So a $1,000 weekly salary gives a $25.00 regular rate whatever the hours, and each overtime hour is owed at $37.50 (arithmetic). The divisor is 40 even in a week of 50 or 60 hours.

Day-rate and job-rate workers: 231.43(b)

"If the employee is paid a flat sum for a day's work or for doing a particular job without regard to the number of hours worked in the day or at the job and if the employee receives no other form of compensation for services, the employee's regular rate is determined by totaling all the sums received at the day rates or job rates in the workweek and dividing by the total hours actually worked. The employee is then entitled to extra half-time pay at this rate for hours worked in excess of 40 in the workweek."

Example: five days at $200 a day, 50 hours worked. Regular rate $1,000 / 50 = $20.00; extra half-time $10.00 × 10 = $100.00 (arithmetic).

What counts in the regular rate: 231.43(a)

All pay for work, minus listed exclusions such as gifts, pay for time not worked, expense reimbursements, true discretionary bonuses and overtime premiums already paid.

Use the salary to hourly calculator to convert a salary, then the overtime calculator.

Not legal, tax or payroll advice. Read on October 27, 2026 on pacodeandbulletin.gov, the official Pennsylvania Code site (current through 56 Pa.B. 5370, August 8, 2026).