Pennsylvania Overtime & Salaried Regular Rate Calculator
Calculate weekly overtime pay for hourly workers and compute regular rates for salaried nonexempt workers using Pennsylvania’s mandatory 40-hour divisor under 34 Pa. Code § 231.43(g) and Chevalier v. GNC.
Pennsylvania Overtime & Salaried Regular Rate Calculator
Compute statutory overtime under 34 Pa. Code § 231.43(g) and Chevalier v. GNC (strictly dividing nonexempt salary by 40 hours rather than fluctuating workweeks).
Why Pennsylvania Salaried Overtime Differs from Federal Law
Rejection of Fluctuating Workweek (FWW)
Under federal FLSA rules (29 C.F.R. § 778.114), employers sometimes use the fluctuating workweek method to divide salary by total hours (e.g., 50h) and pay only half-time (0.5×) for overtime hours. In Chevalier v. General Nutrition Centers, Inc. (220 A.3d 1038), the Pennsylvania Supreme Court held that the PMWA provides greater protection: the regular rate divisor is strictly 40 hours, and overtime hours must receive 1.5× the full regular rate on top of salary.
Inclusion of Commissions and Bonuses
Under 34 Pa. Code § 231.43, all nondiscretionary bonuses, commissions, and shift differentials earned in the workweek must be included in total remuneration prior to dividing by 40 hours. This increases the regular rate and results in higher overtime premiums for that workweek.