KNOWYOUR
RIGHTS AT WORK
Pennsylvani
In order to protect themselves and ensure they are being treated
fairly, workers must rst be informed about their rights. This
knowledge is an essential component in the ongoing ght for better
wages and treatment.
The Fair Labor Section was established to promote and enforce
lawful labor practices. If you believe you are experiencing an
unlawful work-related issue, you should contact this oce, the
appropriate agency listed below, or private counsel. Specic contact
information appears at the end of this booklet.
Algunas partes de esta guía están disponibles en español.
Consulte los títulos de las secciones para traducciones al español
o use los recursos en español al nal de la guía. Casi todos de los
servicios en esta guía pueden ayudar en español.
The information provided here is intended to be an informative resource for
Pennsylvania workers and is not legal advice.
TABLE OF CONTENTS
YOUR RIGHTS
Protection from Retaliation
Wage and Hour Laws
Minimum Wage and Overtime
Paid Breaks
Wage Theft
Philadelphia Fair Workweek Law
Review Your Personnel File
Am I an Employee or Independent Contractor?
Right to Organize
Workplace Safety
Discrimintion
Criminal Records
Criminal Records in Philadelphia
Medical Leave
Family and Medical Leave Act
Philadelphia Paid Sick Leave
Immigration and Work Visas
Labor Tracking
Child Labor
LEGAL ASSISTANCE
5
5
5
8
8
9
10
11
12
13
14
15
16
17
Pennsylvania
5
YOUR RIGHTS
Protection from Retaliation
Protección contra Represalias
It is illegal for an employer
to re you, cut your hours, or
otherwise penalize you for
taking legal action asserting
your rights.
If you believe you have been
retaliated against, please contact
the Fair labor Section at
wagetheft@attorneygeneral.gov
or report it to the agency where
you led your complaint.
Wage and Hour Laws
Leyes de Salario y Horas
Workers have the right to be paid a certain
wage, to be paid overtime, and to work a
limited number of hours each week.
Minimum wage and overtime:
Salario mínimo y las horas extras:
The minimum wage for workers
in Pennsylvania is $7.25 per
hour.
Most workers are entitled to
overtime pay: for each hour
worked over 40 per week, you
earn 1.5 times your normal pay
(“time and one half”).
KNOW YOUR RIGHTS AT WORK6
You must be paid on either a regularly scheduled
payday, within the length of time that is standard for
the industry you are in, or 15 days from the end of the
pay period.
Tipped employees: your employer must pay you
$2.83 per hour in addition to what you make in tips.
If the tips you receive on top of the $2.83 per hour do
not total $7.25 per hour, your employer must make
up the dierence.
Paid Breaks
Descansos Pagados
Your employer must pay you for breaks that are less than 20
minutes. Your employer may not force you to conduct any work
activities during an unpaid break.
Healthcare workers: may not be forced to work more
KNOW YOUR RIGHTS AT WORK
Pennsylvania
7
than the agreed to, predetermined, and regularly
scheduled shift, and are entitled to 10 consecutive
hours o when working more than 12 consecutive
hours.
Wage Theft
Robo de Salarios
Workers experience wage theft when an employer pays them less
than they are owed. Wage theft can take many forms, including a
complete failure to pay, paying employees for fewer hours than
worked, paying employees (except for tipped employees) an amount
less than minimum wage, paying an employee “under the table,” or
forcing a worker to give tips to the employer.
You can le a complaint with the Pennsylvania
Department of Labor and Industry, the U.S.
Department of Labor, or the City of Philadelphia.
Philadelphia Fair Workweek Law
Semana de Trabajo Justo
As of January 1, 2020, workers in Philadelphia will
have the right to:
A posted work schedule 10 days before the
rst day on the schedule (after January 1,
2021 this is extended to 14 days in advance);
Predictability pay, at no less than one-half
times the employee’s regular rate of pay per
hour, if the employer changes the schedule
after the required posting date;
Not be scheduled for a shift less than 9 hours
after the last shift ended; and
Have work oered to them before it is
oered to an external applicant pool or
subcontractors.
KNOW YOUR RIGHTS AT WORK8
Review Your Personnel File
Revisa Su Archivo Personal
Upon request, both public and private employees have the right to
review their personnel le to ensure it contains accurate information.
Am I an Employee or Independent Contractor?
¿Soy un Empleado o Contratista Independiente?
Employers misclassify workers as independent contractors to avoid
paying for workers’ compensation insurance and providing other
legal benets employees are entitled to receive.
Generally, an employee is someone who is told what to do, when to
do it, how to do it, is supervised while working, and provided with
the tools for doing the job. An independent contractor has more
freedom in doing its work and can control when and how the work
is done. Independent contractors usually have their own separate
business, own the tools for their work, and will enter into their own
contracts.
Construction Workers: Misclassication is especially
common in the construction industry. Construction
workers that are correctly classied as independent
contractors should generally: 1) have their own tools;
2) realize a prot or suer a loss after completing
the job; 3) have ownership in their own business; 4)
have a business located separately from the person
or business that hired them; 5) be available to work
other jobs as an independent contractor; and 6) carry
liability insurance of at least $50,000.
It may be a criminal oense to misclassify an
employee as an independent contractor.
You can le a complaint with the Pennsylvania
Department of Labor and Industry if you have
been misclassied. Construction workers can le a
complaint with the Fair Labor Section at wagetheft@
attorneygeneral.gov.
KNOW YOUR RIGHTS AT WORK
Pennsylvania
9
Right to Organize
El Derecho a Organizar
You have a right to organize with your coworkers and form a union.
It is illegal for your employer to re you for trying to organize.
You also have a right to engage in “concerted activity,” even if you
do not belong to a union. That means two or more employees may
ask about improved pay, safety concerns, or other conditions of your
employment.
If you would like to hold an election to form a union
or report a violation of your rights, contact your
regional oce of the National Labor Relations Board
(Philadelphia is Region 4, Adams, Cumberland,
Franklin, and York Counties are Region 5, and
Pittsburgh is Region 6).
KNOW YOUR RIGHTS AT WORK10
Workplace Safety
Seguridad Ocupacional
Under federal law, you are entitled to a safe
workplace, including the right to:
Be trained in a language you
understand;
Work on machines that are
safe;
Be provided required safety
gear;
Be protected from toxic
chemicals;
Request an Occupational
Safety and Health
Administration (OSHA)
inspection and speak to the
inspector;
Report an injury or illness;
Review records and copies
of information about work-
related injuries, illnesses,
and test results done to nd
hazards in the workplace; and
Not be retaliated against for
speaking up about safety
issues.
If you have questions or want to le a com-
plaint about an unsafe workplace, contact
your local OSHA oce.
KNOW YOUR RIGHTS AT WORK
Pennsylvania
11
Discrimination
Discriminación
The law protects workers from experiencing discrimination in
the workplace, including harassment or prejudicial treatment.
Discrimination can occur any time in the employment process,
from the recruiting and hiring stage, to being red, and anything in
between.
It is illegal to discriminate based on race, color, sex, pregnancy,
sexual orientation, gender identity, age, ancestry, national origin,
religious creed, having a GED rather than a high school diploma,
a handicap or disability, use of a guide or support animal, or a
relationship with a person with a disability.
Sexual harassment comes in many forms including unwelcome
advances, requests for sexual favors, other oensive words, images,
or physical conduct.
For people with disabilities, you are generally entitled to reasonable
accommodations from your employer. An accommodation is
reasonable if it does not impose an undue hardship on the employer
(it is not too expensive and does not disrupt the employer’s
business). It is illegal to discriminate based on having a disability or
requesting an accommodation.
If you have been the victim of workplace discrimination, you should
contact the Pennsylvania Human Relations Commission (PHRC).
Additionally, the Pittsburgh Commission on Human Relations and
the Philadelphia Commission on Human Relations cover people
working in those cities. You can also le a complaint with the
Pennsylvania Oce of Attorney General and the federal Equal
Employment Opportunity Commission.
KNOW YOUR RIGHTS AT WORK12
Criminal Records
Antecedentes Criminales
Felony and misdemeanor convictions may be considered by an
employer during the hiring process only to the extent to which they
relate to the applicant’s suitability for employment in the position
for which he or she has applied. Arrests without convictions may
not be considered by employers. If an employer decides not to hire
an applicant based on his or her criminal record, the employer must
notify the applicant in writing.
Criminal Records in Philadelphia
Antecedentes Criminales en Philadelphia
If you have a criminal record and are seeking a job in Philadelphia,
employers may only use that information under limited
circumstances during the hiring process.
Criminal convictions can be considered only if they
happened less than 7 years before you applied and
arrests that did not lead to convictions may not be
considered.
Employers may not ask about your criminal
background on applications or during interviews.
Employers may only run a background check after
they give you a conditional oer of employment.
If the employer illegally considers your criminal
record during hiring, you can contact the Philadelphia
Commission on Human Relations at [email protected]v
and le a complaint.
KNOW YOUR RIGHTS AT WORK
Pennsylvania
13
Medical Leave
Licencia Médica
If you need to take time o work because of a serious medical issue
or to take care of your parent, spouse, or child, you may be entitled
to take unpaid time o without fear of losing your job.
Family and Medical Leave Act (FMLA)
Ley de Licencia Familiar y Médica
You are likely eligible if you work for a private
employer with 50 or more employees, the
government, or at an elementary or secondary school
and have worked there for at least one year with at
least 1,250 hours worked in that year.
The FMLA generally covers leave when: 1) you, your
spouse, child, or parent has a serious medical issue; 2)
you are pregnant; or 3) you have or adopt a child.
You must notify your employer when you need to
use leave. You may need to provide a note from your
doctor, and you must follow your employer’s policies
for leave.
KNOW YOUR RIGHTS AT WORK14
When you return to work, your employer must give
you the same job you had or a nearly identical one.
Complaints about violations of the FMLA can be led
at a local U.S. Department of Labor, Wage and Hour
Division oce.
Philadelphia Paid Sick Leave
Licencia de Enfermedad Pagada de Philadelphia
If you work in Philadelphia more than 40 hours per
year and your employer has 10 or more employees or
is a chain location, you are entitled to paid sick leave
after you work 90 days for your employer.
Your paid sick leave can be used for your own health
needs or those of your immediate family.
You have the right to at least one hour of paid sick
time for every 40 hours you work, up to 40 hours of
paid sick time per year, and the time will carry over at
the end of the year.
Report violations to the City of Philadelphia.
Immigration and Work Visas
Inmigración y Visas de Trabajo
In general, citizens of other countries must get a visa before entering
the United States. Temporary worker visas are available for people
who want to work in the country for a xed time; they are not
permanent or indenite. Temporary visa types include:
H-1B: person in a specialty occupation who has a
higher education degree ore equivalent;
H-2A: temporary agricultural worker; and
H-2B: temporary non-agricultural worker.
KNOW YOUR RIGHTS AT WORK
Pennsylvania
15
Labor Tracking
Tráco Laboral
Labor tracking occurs when a person uses violence, threats, or lies
to force people to work against their will.
Most victims (71%) enter the United States on a lawful visa, but
are forced to overstay and become unauthorized. Those who do
not enter with a lawful visa are typically smuggled into the country
under threat. Tracking occurs most often in the domestic services,
restaurants and hospitality, construction and agricultural industries.
It may include prostitution or other sexual exploitation, but can be
other forced work in a broad range of industries.
KNOW YOUR RIGHTS AT WORK16
Child Labor
Regulaciones del Trabajo Infantil
Most children under the age of 18 may not work without a work
permit, unless they have already graduated from high school. For
children under 16, the employer must also have a written statement
from the parent or legal guardian.
Children who are 11 can deliver newspapers and
children who are 12 may work as golf caddies.
Children who are 14 or 15 may only work from 7 a.m.
to 7 p.m. During school vacations they may work until
9 p.m. On a school day, they may only work 3 hours,
and on a day without school, they may only work
8 hours. They may work up to 18 hours per school
week, as long as work does not interfere with school
attendance.
16 and 17 year olds may work from 6 a.m. to
midnight, but no more than 28 hours between
Monday and Friday. They may work 8 additional hours
on Saturday and Sunday. When school is out, they
may work a maximum of 48 hours per week, and are
limited to 10 hour days. A minor may refuse to work
more than 44 hours per week.
No minor may work more than 6 consecutive days
except for newspaper delivery. A 30-minute meal is
required for every 5 hours worked.
Complaints can be led with your local Bureau of Labor Law
Compliance oce and the U.S. Department of Labor.
KNOW YOUR RIGHTS AT WORK
Pennsylvania
17
LEGAL ASSISTANCE
ASISTENCIA LEGAL
Government Resources
Recursos Gubernamental
Pennsylvania Oce of Attorney General, Fair Labor Section:
For information about wage theft, misclassication
as an independent contractor or employee, labor
tracking, farmworker rights you may contact
wagetheft@attorneygeneral.gov
For information regarding harassment and
discrimination, contact harassment@attorneygeneral.gov
Pennsylvania Department of Labor and Industry:
www.dli.pa.gov
Pennsylvania Human Relations Commission:
www.phrc.pa.gov
U.S. Department of Labor (www.dol.gov)
Wage and Hour Division: www.dol.gov/whd
Occupational Safety and Health Division:
www.osha.gov
U.S. Equal Employment Opportunity Commission:
www.eeoc.gov
City of Philadelphia (Wage Theft):
https://www.phila.gov/services/business-self-
employment/report-wage-theft/
KNOW YOUR RIGHTS AT WORK18
Free Legal Services
Servicios Legales Gratis
Immigration/Inmigración:
Justice at Work:
https://www.justiceatworklegalaid.org/
HIAS Pennsylvania:
http://www.hiaspa.org/
Immigration Advocates:
https://www.immigrationadvocates.org/nonprot/
legaldirectory/
Pennsylvania Immigration Resource Center:
https://www.pirclaw.org/
Statewide legal services:
Pennsylvania Legal Aid:
https://palegalaid.net/
Department of Human Services:
http://www.dhs.pa.gov/citizens/
legalservicesinpennsylvania/
PA Law Help:
https://www.palawhelp.org/nd-legal-help/directory
Allegheny County:
Allegheny County Bar Association:
https://www.getapittsburghlawyer.com/aording-an-
attorney-1
Neighborhood Legal Services:
https://nlsa.us/
KNOW YOUR RIGHTS AT WORK
Pennsylvania
19
Philadelphia:
Philadelphia Bar Association:
http://www.philadelphiabar.org/WebObjects/
PBAReadOnly.woa/Contents/WebServerResources/
CMSResources/PublicInterestDirectory061.pdf
Community Legal Services:
https://clsphila.org/
Si necesita ayuda en español con problemas de salario mínimo,
discriminación, u otros problemas de trabajo, puede comunicarse
con los siguientes recursos:
Asistencia Legal de Philadelphia:
https://www.philalegal.org/
Community Legal Services of Philadelphia:
https://clsphila.org/language-access/spanish
Pennsylvania Legal Aid Network (haga clic y busque
servicios por condado):
https://palegalaid.net/legal-aid-providers-in-pa
NOTES:
