Dealing With Unpaid Wages in Pennsylvania
My employer hasn't paid me — here's what Pennsylvania law says and what to do next.
Statute: 43 Pa. Cons. Stat. § 260.5
Deadline: 14 days
Penalty: Employer may be liable for the unpaid wages plus 25% of the total amount due as liquidated damages, plus costs and reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Pennsylvania differs from federal law
Pennsylvania's minimum wage matches the federal rate, which is lower than many neighboring states:
- Standard minimum wage: $7.25/hr (same as federal — no state increase as of 2024)
- Tipped employees: $2.83/hr cash wage (must reach $7.25 with tips)
- Philadelphia has a higher minimum wage for city contractors
- Pennsylvania legislators have repeatedly proposed increases but the state rate remains at $7.25/hr
Note: If you work in Philadelphia, check the city's current minimum wage ordinance as it may be higher for certain workers.
Additional steps in Pennsylvania
File wage complaints with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance, or the federal DOL Wage and Hour Division. Pennsylvania also allows private civil actions for unpaid minimum wages.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Pennsylvania, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Pennsylvania.