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Women are
70%
more likely to
live in poverty
than white men in
Pennsylvania
Single-woman led households are at the
highest risk
of poverty in
Pennsylvania
In
Pennsylvania
, women earn
$0.74
for every dollar a white man makes
Women in
Pennsylvania
are
60%
more likely to earn
minimum wage
than white men
Women in
Pennsylvania
are
67%
more likely to earn a
tipped wage
than white men
In
Pennsylvania
, at least
70%
of women are essential to the financial security of their household
Pennsylvania’s equal pay law requires equal pay on the basis of sex for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions.[1]
o Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system; a merit system; a system which measures earnings by quantity or quality of production; any differential based on any other factor other than sex.[2]
o Retaliation: Employers cannot discharge or in any other matter discriminate against employees for complaining to the employer, filing a complaint, or testifying in a proceeding.[3]
[1] 43 Pa. Stat. § 336.3.
[2] 43 Pa. Stat. § 336.3.
[3] 43 Pa. Stat. § 336.8.
No. Pennsylvania’s law is the same as federal law.
No. The state does not mandate pay disclosure for private employers. However, all job postings for state agencies must post the position’s pay scale and pay range.[1]
[1] Pa. Exec. Order No. 2008-03 (June 6, 2018), https://www.oa.pa.gov/Policies/eo/Documents/2018-03.pdf.
No. There is no state-wide salary history ban for private sector employers. However, state agencies cannot ask a job applicant’s current compensation or compensation history at any stage of the hiring process.[1] Additionally, the city of Philadelphia prohibits asking about, requiring, or relying on current or prior salary history in determining wages, unless the applicant knowingly and willingly discloses their wage history.[2]
[1] Pa. Exec. Order No. 2008-03 (June 6, 2018), https://www.oa.pa.gov/Policies/eo/Documents/2018-03.pdf.
[2] Philadelphia, Pa., The Philadelphia Code § 9-1131(2).
No. Pennsylvania law does not include protection for employees’ pay discussions. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Pennsylvania does not require employers to collect, report, or assess gender-based pay data.
No. Pennsylvania’s minimum wage is set at the federal minimum wage of $7.25/hour.[1] Cities and counties in Pennsylvania may not raise their local minimum wages above the state minimum wage.[2] For minimum wage violations, an employer can be fined up to $300, with each week counting as a separate violation.[3] An employee may also bring a civil action, for the full amount of the minimum wage less wages paid, as well as costs and attorney’s fees.[4] Employers are also prohibited from discharging or in any matter discriminating against an employee for testifying in a proceeding regarding minimum wage violations.[5]
[1] 43 Pa. Stat. § 333.104.
[2] 43 Pa. Stat. § 333.114a.
[3] 43 Pa. Stat. § 333.112.
[4] 43 Pa. Stat. § 333.113.
[5] 43 Pa. Stat. § 333.112.
No. Employers can pay a lower minimum wage to employees who receive over $135 per month in tips.[1]
[1] 34 Pa. Code § 231.101a.
Yes. Employers must pay employees on regularly scheduled paydays designated in advance by the employer.[1] Generally, payment must be at least semi-monthly, with the first payment made between the first and fifteenth day of each month, and the second payment between the fifteenth and last day of each month.[2]
[1] 43 Pa. Stat. § 260.3.
[2] 43 Pa. Stat. § 251.
Yes. By regulation, employers must provide a pay stub listing the hours worked, rates paid, gross wages, allowances if any, deductions, and net wages.[1] Additionally, employers must notify employees the rate of pay at the time of hiring, or can post this information.[2] However, the law does not specify if this notice must be in writing.
[1] 34 Pa. Code § 231.36.
[2] 43 Pa. Stat. § 260.4.
Yes, covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek at a rate no less than time and a half at the regular rate of pay.[1]
[1] 43 Pa. Stat § 333.104; 34 Pa. Code § 231.41.
Yes. Any employee or group of employees, labor organization or party to whom any type of wages is payable may take legal action to recover wages due plus liquidated damages, or may file a complaint with the Pennsylvania Department of Labor and Industry.[1] Employers may be subject to penalties including restitution of wages, liquidated damages, and criminal penalties.[2]
[1] 43 Pa. Stat. § 260.9a – 10; Wage Complaint Form; Pa. Dep’t of Lab. & Indus., https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-Complaint-Form.aspx (last visited June 11, 2024).
[2] 43 Pa. Stat. § 260.9a – 11a.
