The Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates and classifications under heavy, highway and building construction projects of $25,000 or more when public funds are involved. The Department also determines the prevailing minimum wage rates and employee benefits for specific localities and classifications. The Prevailing Wage Regulations allow the Secretary of Labor and Industry to consider collective bargaining agreements and other types of data for purposes of determining the wage rates.

Compliance Tips:

  • Pennsylvania does not recognize the highly compensated employee exemption which allows employer to avoid paying overtime if an employee earns a certain salary. The revised federal regulations set a threshold for this exemption at $107,432 annually. However, this federal exclusion does not apply to Pennsylvania employees because Pennsylvania law does not recognize this exemption.  Therefore, employees earning this salary or above must be paid overtime unless they qualify for an exemption recognized by Pennsylvania law.