How are breaks and overtime calculated?

In Pennsylvania, breaks and overtime are calculated according to the Fair Labor Standards Act (FLSA). The FLSA is a federal law that sets standards for minimum wage, overtime pay, recordkeeping, and child labor. Under the FLSA, employers must pay employees at least 1.5 times their regular rate of pay for any hours worked over 40 in a given workweek. The regular rate of pay is calculated by taking the total amount of pay a worker earns in a given week (including any bonuses or commissions) and dividing it by the total number of hours worked. Employers in Pennsylvania must also provide their employees with rest breaks of at least 10 minutes for every four hours worked. Employees must be paid for their rest breaks unless the break is of at least 30 minutes. Employers must also provide paid sick leave for all full-time employees and unpaid sick leave for part-time employees. Employees must be able to use this leave when they are ill, when a family member is ill, or for other medical-related reasons. Employers must also observe the federally-mandated holiday schedule as set forth by the FLSA. These holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Employees must be paid their regular rate of pay on these holidays unless the employee has requested to use a paid day off in lieu of the holiday.

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How are breaks and overtime calculated?

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