Minimum Wage Act

The Pennsylvania Minimum Wage Act, 43 Pa.C.S. §333.101, is the state law version of the federal Fair Labor Standards Act, that applies to wage issues that may not qualify for protection under the federal law. For example, in order to qualify for minimum wage protection under the FLSA, the employer must be engaged in an industry in interstate commerce. The state minimum wage law protects persons employees by those (few) employers engaged only in intrastate commerce.

The state law generally tracks the minimum wage and other provisions of the FLSA and, like the FLSA, provides for exemptions from the protections of the Law, for specific occupations. The minimum wage law is enforceable exclusively by the Secretary of the PA Department of Labor & Industry.

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