Pennsylvania
Pennsylvania Minimum Wage 2026: $7.25 an Hour, Tipped $2.83
Independently fact-checked against primary sources (last audited September 30, 2026). · 7 primary sources cited on this page. How we verify our legal content
Pennsylvania's minimum wage is $7.25 per hour under the Minimum Wage Act of 1968, which raises the state rate automatically to match the federal rate under 43 P.S. 333.104(a.1). No increase is scheduled for January 1, 2027. A bill to raise the wage, HB 2189, passed the state House in March 2026; the Senate had not acted as of the Governor's March 24, 2026 release, and the bill is not law.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Pennsylvania Minimum Wage Act of 1968 (43 P.S. 333.101 and following), its regulations at 34 Pa. Code Chapter 231, and the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime rules in detail or the laws of other states. For the federal rule, see the federal minimum wage guide.
What is the minimum wage in Pennsylvania?
Pennsylvania's minimum wage is $7.25 per hour. The Department of Labor & Industry's regulation states that "an employer shall pay at least $7.25 an hour to all employees for all hours worked subject to exclusions and exemptions contained in the act and this chapter" (34 Pa. Code 231.101a). The federal rate took effect July 24, 2009.
The last rate in the Act's own schedule is $7.15 per hour, beginning July 1, 2007 (section 4(a)(8)). Section 4(a.1) provides that if the FLSA minimum wage rises above the state rate, the state rate "shall be increased by the same amounts and effective the same date as the increases under the Fair Labor Standards Act," which is how the state reached $7.25. Under section 5(c), employers with the equivalent of 10 or fewer full-time employees had lower rates until July 1, 2008, when they had to pay the full section 4(a)(8) rate, and no small-employer tier applies now.
Pending legislation: HB 2189
Pennsylvania's rate is $7.25 in 2026 and no change is scheduled. A proposal to raise it is pending but is not law.
HB 2189 (2025-26 session) would raise Pennsylvania's minimum wage. In a March 24, 2026 release, the Governor's office reported that the state House passed it that day and said the House has passed minimum wage legislation three times, "but each time, the Senate has refused to act." Governor Shapiro's 2026-27 proposed budget again called for a $15 minimum wage. No later Senate action was confirmed for this page. The bill becomes law only if the Senate passes it and the governor signs it.
Tipped workers in Pennsylvania
The minimum wage for tipped employees is $2.83 per hour under section 3(d) of the Act (34 Pa. Code 231.101a(b)), which leaves a tip credit of $4.42 (the difference from $7.25). The regulation attaches conditions:
- The tip credit applies only if the employee received over $135 in tips for a month.
- If tips plus the $2.83 cash wage fall short of $7.25, the employer must pay the difference.
- All tips must be retained by the employee, though section 3(d) does not prohibit "the pooling of tips among employes who customarily and regularly receive tips."
- The Department of Labor & Industry also lists employers who deduct credit card or other payment processing fees from an employee's tips among Minimum Wage Act violations (see also 34 Pa. Code 231.113).
The Department of Labor & Industry lists "Tipped workers making less than $2.83/hour" among its examples of violations.
Lower rates for young, new and student workers
- Training wage (no longer usable). Section 4(e) of the Act (43 P.S. 333.104(e)) allowed a training wage for the first 60 calendar days of employment for an employee under age 20. The Department's regulation says "The training wage may not be utilized after July 23, 2009," and that employers must pay $7.25 from July 24, 2009 (34 Pa. Code 231.103(a)(2)).
- Learners and students. Special certificates may allow pay at not less than 85 percent of the otherwise applicable rate (section 4(b)).
- Exempt classifications. Section 5(a) lists classifications the Act does not cover, so a worker outside the Act should check whether the federal law applies.
Local minimum wages are preempted
A city or county in Pennsylvania cannot set its own general minimum wage. Section 14.1 of the Act, added by Act 112 of 2006 (July 9, 2006, P.L. 1077, No. 112), provides that "this act shall preempt and supersede any local ordinance or rule concerning the subject matter of this act." The exception in subsection (b) says the Act "does not prohibit local regulation pursuant to an ordinance which was adopted by a municipality prior to January 1, 2006, and which remained in effect on January 1, 2006." No general local minimum wage was verified for this page. Under 29 U.S.C. 218(a), a municipal ordinance that does set a higher minimum wage would still have to be honored.
How Pennsylvania and federal law interact
Pennsylvania's rate equals the federal rate, so the two laws currently give the same figure. Where a state law or ordinance sets a higher rate, the Department of Labor says the higher standard applies. The FLSA can cover workers the state Act excludes if enterprise or individual coverage applies. For those rules, see the federal minimum wage guide. Workers who commute to New Jersey should check the New Jersey minimum wage, which is different.
What to do if you are paid less than the minimum wage
The Department of Labor & Industry investigates complaints, and its page on the Act links a "File a Minimum Wage and Overtime Complaint" form. Three sets of provisions matter:
- Civil action. Under section 13 (43 P.S. 333.113), an employee can recover in a civil action the unpaid minimum wage plus costs and reasonable attorney's fees, and the Secretary may take an assignment of the wage claim. Section 13 does not provide for liquidated damages. An FLSA-covered worker can also seek an equal amount as liquidated damages under 29 U.S.C. 216(b).
- Penalties. Under section 12(b), paying less than the applicable rate carries, on summary conviction, a fine of $75 to $300 or imprisonment of 10 to 60 days, or both, and each week and each underpaid employee is a separate offense.
- Retaliation. Under section 12(a), discharging or discriminating against an employee who testified or is about to testify is punishable on summary conviction by a fine of $500 to $1,000, with imprisonment of 10 to 90 days if the fine and costs are not paid.
For the general process, see the guide to filing a claim for unpaid wages. To estimate overtime owed, use the overtime calculator.
Common misunderstandings
Pennsylvania's rate has not risen above $7.25: the Governor has called for $15, but a House-passed bill such as HB 2189 is not law unless the Senate passes it and the governor signs it. And a Pennsylvania city cannot generally set a higher rate, because section 14.1 preempts local ordinances unless adopted before January 1, 2006 and still in effect on that date.
Disclaimer: This article provides general legal information about Pennsylvania and federal minimum wage law, verified as of September 29, 2026. It is not legal advice. For a specific situation, consult a lawyer licensed in Pennsylvania or contact the Pennsylvania Department of Labor & Industry.
Related
- Minimum wage by state
- Federal minimum wage under the FLSA
- Pennsylvania final paycheck laws
- Pennsylvania at-will employment laws
- Filing a claim for unpaid wages
- Overtime calculator
- New Jersey minimum wage
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in Pennsylvania?
$7.25 per hour, under 34 Pa. Code 231.101a and the Minimum Wage Act of 1968, which matches the federal rate.
Is Pennsylvania's minimum wage going up in 2027?
Not under current law. HB 2189, a bill to raise the wage, passed the state House in March 2026, but it is not law unless the Senate passes it and the governor signs it.
What is the tipped minimum wage in Pennsylvania?
$2.83 per hour in cash wages, if tips bring the worker to $7.25 and the employee received over $135 in tips for the month (34 Pa. Code 231.101a(b)).
Can a Pennsylvania city set a higher minimum wage?
Generally no. Section 14.1 of the Act preempts local ordinances on the subject, except ordinances adopted before January 1, 2006 that remained in effect on that date.
How do I file a minimum wage complaint in Pennsylvania?
Use the Department of Labor & Industry complaint form linked from its Minimum Wage Act page, or sue for the unpaid wages plus costs and attorney fees under 43 P.S. 333.113.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 29
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Unpaid Wages: How to File a Claim and Recover What You're Owed, Federal Minimum Wage 2026: $7.25 an Hour Since 2009
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 34 Pa. Code 231.101a, Minimum wage(pacodeandbulletin.gov).gov
- 34 Pa. Code 231.113, Credit card and other processing fees(pacodeandbulletin.gov).gov
- 34 Pa. Code 231.103, Training wage(pacodeandbulletin.gov).gov
- Minimum Wage Act of 1968, as reproduced by the PA Department of Labor & Industry (A-5, rev. 8-06, contains 2006 amendments)(pa.gov).gov
- Pennsylvania Department of Labor & Industry, Pennsylvania's Minimum Wage Act(pa.gov).gov
- Governor of Pennsylvania, statement on House passage of minimum wage bill(pa.gov).gov
- U.S. Department of Labor, Wage and Hour Division, Minimum Wage FAQ(dol.gov).gov
- 29 U.S.C. 218, Relation to other laws(law.cornell.edu)
- 29 U.S.C. 216, Penalties and liquidated damages(law.cornell.edu)