Overtime Eligibility Rule

Help Stop Pennsylvania From Imposing Obama’s Failed Overtime Rules!

August 22nd Deadline to Submit Comments

The Wolf administration is proposing dramatic changes to overtime eligibility rules imposed on Pennsylvania employers. The proposal, which was recently released by the Department of Labor & Industry, would:


  • Require a wage threshold for “exempt status” that is more than double the current rate set by the federal government.
  • Significantly revise so-called “duties tests,” which are also used to determine eligibility.
  • Establish an automatic update to the salary threshold every three years beginning in 2023.

A few years ago, when President Obama proposed a similar regulation at the federal level, it prompted a strong reaction from employers all over the country. Employers not only described significant increases to the cost of providing services or doing businesses, but also the reality that this dramatic change could damage workplace culture and morale, as employees are shifted from earning a salary to being paid by the hour. This transition typically requires employees to start clocking in and out, along with more burdensome record-keeping, less flexibility, a rigid work schedule and fewer training opportunities and benefits.


The federal proposal was ultimately halted and now YOU have a similar opportunity to help guide public policy here in Pennsylvania.


The department’s proposal is pending with the Independent Regulatory Review Commission. To tell IRRC how these new rules would impact your business, simply fill out the form below. Sample comment language is provided, but we’re encouraging you to customize the letter with your own unique perspective.