Pennsylvania wage payment law is located in the sections below of the Pennsylvania Statutes.
- 251. Semi-monthly payment of wages.
- 252. Violation of act; punishment.
- 253. Wages may be paid more frequently.
- 255.1. Railroad employees, weekly payment.
- 260.2a. Definitions.
- 260.3. Regular payday.
- 260.4. Notification.
- 260.4a. Computation of wages by railroads.
- 260.5. Employees who are separated from payroll before paydays.
- 260.6. Unconditional payment of wages conceded to be due.
- 260.7. Provisions of law may not be waived by agreement.
- 260.9a. Civil remedies and penalties.
- 260.10. Liquidated damages.
- 260.11a. Criminal penalties.
251. Semi-monthly payment of wages.
Unless otherwise stipulated in the contract of hiring, each person, firm, or corporation employing any person,
other than at an annual salary, shall pay to such person his or her earnings or wages semimonthly. The first payment
shall be made between the first and fifteenth day of each month, and the second payment shall be made between the
fifteenth and the last day of each month.
252. Violation of act; punishment.
Any person, firm, or corporation that shall violate any of the provisions of this act shall be guilty of a misdemeanor,
and upon conviction thereof before any alderman, magistrate, or justice of the peace of the proper county shall
be sentenced to pay a fine not exceeding one hundred dollars ($100).
253. Wages may be paid more frequently.
Nothing in this act shall prohibit the payment of wages or earnings oftener than semi-monthly.
255.1. Railroad employes, weekly payment.
Unless otherwise stipulated in the contract of hiring or in the applicable labor agreement, every common carrier
by railroad or corporation or joint stock association, operating a steam, electric, or diesel surface railroad,
or engaged in the sleeping car business, or carrying on the business thereof by lease or otherwise, shall pay once
each week to each employe, the wages earned for the seven day period ending not more than fourteen days prior to
such payment. Wages as the term is herein used shall be limited to those earnings derived from basic pro rata rates
of pay pursuant to a labor agreement, and shall not include incentives, bonuses, and other similar types of fringe
payments.
260.2a. Definitions.
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
"Authorized representative." An employe of the Department of Labor and Industry who is empowered
to perform duties assigned in conformity with all existing laws, rules and regulations administered by the department.
"Check." A draft drawn on a bank and payable on demand.
"Department." The Department of Labor and Industry.
"Employer." Includes every person, firm, partnership, association, corporation, receiver or other
officer of a court of this Commonwealth and any agent or officer of any of the above-mentioned classes employing
any person in this Commonwealth.
"Fringe benefits or wage supplements." Includes all monetary employer payments to provide benefits
under any employe benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974,
29 U.S.C. Sec. 1001 et seq. [29 U.S.C.A. Sec. 1001 et seq.]; as well as separation, vacation, holiday, or
guaranteed pay; reimbursement for expenses; union dues withheld from the employes' pay by the employer; and any
other amount to be paid pursuant to an agreement to the employe, a third party or fund for the benefit of employes.
"Secretary." The Secretary of Labor and Industry.
"Wages." Includes all earnings of an employe, regardless of whether determined on time, task,
piece, commission or other method of calculation. The term "wages" also includes fringe benefits or wage
supplements whether payable by the employer from his funds or from amounts withheld from the employes' pay by the
employer.
260.3. Regular payday.
(a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe
benefits and wage supplements, due to his employes on regular paydays designated in advance by the employer. Overtime
wages may be considered as wages earned and payable in the next succeeding pay period. All wages, other than fringe
benefits and wage supplements, earned in any pay period shall be due and payable within the number of days after
the expiration of said pay period as provided in a written contract of employment or, if not so specified, within
the standard time lapse customary in the trade or within 15 days from the end of such pay period. The wages shall
be paid in lawful money of the United States or check, except that deductions provided by law, or as authorized
by regulation of the Department of Labor and Industry for the convenience of the employe, may be made including
deductions of contributions to employe benefit plans which are subject to the Employee Retirement Income Security
Act of 1974, 29 U.S.C. Sec. 1001 et seq.
(b) Fringe benefits and wage supplements. Every employer who by agreement deducts union dues from employes' pay
or agrees to pay or provide fringe benefits or wage supplements, must remit the deductions or pay or provide the
fringe benefits or wage supplements, as required, within 10 days after such payments are required to be made to
the union in case of dues or to a trust or pooled fund, or within 10 days after such payments are required to be
made directly to the employe, or within 60 days of the date when proper claim was filed by the employe in situations
where no required time for payment is specified.
260.4. Notification.
It shall be the duty of every employer to notify his employes at the time of hiring of the time and place of
payment and the rate of pay and the amount of any fringe benefits or wage supplements to be paid to the employe,
a third party or a fund for the benefit of the employe and any change with respect to any of these items prior
to the time of said change. Alternatively, however, every employer may give such notification by posting the aforementioned
facts and keeping them posted conspicuously at the employer's place of business. Further, in cases where wages,
amounts of any fringe benefits or wage supplements are set forth in a bona fide collective bargaining agreement
and copies of that agreement are available to employes, then this shall satisfy the employer's duty to give notice.
260.4a. Computation of wages by railroads.
(a) Every common carrier by railroad shall furnish to each of its employes at the time of payment a separate
listing of each daily wage and how it was computed.
(b) The department shall issue rules and regulations to carry out the intent of subsection (a) and provide penalties
for violation thereof, not to exceed two hundred dollars ($200) per employe per month.
260.5. Employes who are separated from payroll before paydays.
(a) Separated Employes. Whenever an employer separates an employe from the payroll, or whenever an employe quits
or resigns his employment, the wages or compensation earned shall become due and payable not later than the next
regular payday of his employer on which such wages would otherwise be due and payable. If requested by the employe,
such payment shall be made by certified mail.
(b) Industrial Disputes. In the event of the suspension of work as the result of an industrial dispute, the wages
and compensation earned and unpaid at the time of said suspension shall become due and payable not later than the
next regular payday of his employer on which such wages would otherwise be due and payable: Provided, That if the
employer is unable to prepare the payroll due to industrial disputes or for other reasons beyond the control of
the employer, the employer shall not be deemed in violation of section 3 of this act [43 P.S. Sec. 260.3].
260.6. Unconditional payment of wages conceded to be due.
In case of a dispute over wages, the employer shall give written notice to the employe or his counsel of the
amount of wages which he concedes to be due and shall pay such amount without condition within the time set by
this act. Acceptance by the employe of any payment made hereunder shall not constitute a release as to the balance
of his claim.
260.7. Provisions of law may not be waived by agreement.
Nothing contained in this act shall in any way limit or prohibit the payment of wages or compensation at more
frequent intervals or in greater amounts or in full when or before due. No provision of this act shall in any way
be contravened or set aside by a private agreement.
260.9a. Civil remedies and penalties.
(a) Any employe or group of employes, labor organization or party to whom any type of wages is payable may institute
actions provided under this act.
(b) Actions by an employe, labor organization, or party to whom any type of wages is payable to recover unpaid
wages and liquidated damages may be maintained in any court of competent jurisdiction, by such labor organization,
party to whom any type of wages is payable or any one or more employes for and in behalf of himself or themselves
and other employes similarly situated, or such employe or employes may designate an agent or representative to
maintain such action or on behalf of all employes similarly situated. Any such employe, labor organization, party,
or his representative shall have the power to settle or adjust his claim for unpaid wages.
(c) The employe or group of employes, labor organization or party to whom any type of wages is payable may, in
the alternative, inform the secretary of the wage claim against an employer or former employer, and the secretary
shall, unless the claim appears to be frivolous, immediately notify the employer or former employer of such claim
by certified mail. If the employer or former employer fails to pay the claim or make satisfactory explanation to
the secretary of his failure to do so within ten days after receipt of such certified notification, thereafter,
the employer or former employer shall be liable for a penalty of ten percent (10%) of that portion of the claim
found to be justly due. A good faith dispute or Legislature providing for different standards concerning payment
of wages.
260.10. Liquidated damages.
Where wages remain unpaid for thirty days beyond the regularly scheduled payday, or, in the case where no regularly
scheduled payday is applicable, for sixty days beyond the filing by the employe of a proper claim or for sixty
days beyond the date of the agreement, award or other act making wages payable, or where shortages in the wage
payments made exceed five percent (5%) of the gross wages payable on any two regularly scheduled paydays in the
same calendar quarter, and no good faith contest or dispute of any wage claim including the good faith assertion
of a right of set-off or counter-claim exists accounting for such non-payment, the employe shall be entitled to
claim, in addition, as liquidated damages an amount equal to twenty-five percent (25%) of the total amount of wages
due, or five hundred dollars ($500), whichever is greater.
260.11a. Criminal penalties.
(a) The secretary or any employe, group of employes, labor organization or party to whom any type of wages is
payable may institute prosecutions under this act.
(b) In addition to any other penalty or punishment otherwise prescribed by law, any employer who violates any provisions
of this act shall be guilty of a summary offense and, upon conviction thereof, shall be punished by a fine of not
more than three hundred dollars ($300), or by imprisonment up to 90 days, or by both, for each offense. The good
faith contest or dispute by any employer of any wage claim or the good faith assertion of a right of set-off or
counter-claim shall not be considered a violation of this act: Provided, That the employer has paid all wages due
in excess of the amount in dispute or asserted to be subject to a right of set-off or counter-claim. Nonpayment
of wages to, on account of, or for the benefit of each individual employe shall constitute a separate offense.
(c) Where such employer is a corporation, the president, secretary, treasurer or officers exercising corresponding
functions shall each be guilty of such summary offense.
(d) All fines or penalties collected under this act shall be paid into the State Treasury through the Department
of Revenue to the credit of the General Fund.