Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › OVERTIME PAY › Section 231.43 - Regular rate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes
				  of these §§
										231.41-231.43 (relating to overtime pay),
				  the regular rate at which an employee is employed shall be deemed to include
				  all remuneration for employment paid to or on behalf of the employee, but it
				  shall not be deemed to include the following:
(1) Sums paid as gifts, payments in the
				  nature of gifts made during any holiday or on other special occasions as a
				  reward for service, the amounts of which are not measured by or dependent on
				  hours worked, production or efficiency.
(2) Payments made for occasional periods when
				  no work is performed due to vacation, holiday, illness, failure of the employer
				  to provide sufficient work or other similar cause, reasonable payments for
				  traveling expenses or other expenses incurred by an employee in the furtherance
				  of the employer's interests and properly reimbursable by the employer, and
				  other similar payments to an employee which are not made as compensation for
				  the employee's hours of employment.
(3) Sums paid in recognition of services
				  performed during a given period if:
(i) Both
				  the fact that payment is to be made and the amounts of the payment are
				  determined at the sole discretion of the employer at or near the end of the
				  period and not pursuant to any prior contract, agreement or promise causing the
				  employee to expect such payments regularly.
(ii) The payments are made pursuant to a bona
				  fide profit-sharing plan or trust or bona fide thrift or savings plan without
				  regard to hours of work, production or efficiency.
(iii) The payments are talent fees paid to
				  performers, including announcers on radio and television programs.
(4) Contributions irrevocably made
				  by an employer to a trustee or third person under a bona fide plan for
				  providing old-age, retirement, life, accident or health insurance or similar
				  benefits for employees.
(5) Extra
				  compensation provided by a premium rate for certain hours worked by the
				  employee in any day or workweek because such hours are hours worked in excess
				  of 8 in a day or in excess of the maximum workweek applicable to the employee
				  under §
											231.41 (relating to rate) or in
				  excess of the normal working hours or regular working hours of the employee, as
				  the case may be.
(6) Extra
				  compensation provided by a premium rate paid for work by the employee on
				  Saturdays, Sundays, holidays or regular days of rest, or on the sixth or
				  seventh day of the workweek, where such premium rate is not less than 1 1/2
				  times the rate established in good faith for like work performed in nonovertime
				  hours on other days.
(7) Extra
				  compensation provided by a premium rate paid to the employee in pursuance of an
				  applicable employment contract or collective bargaining agreement for work
				  outside of the hours established in good faith by the contract or agreement as
				  the basic, normal or regular workday not exceeding 8 hours or workweek not
				  exceeding the maximum workweek applicable to the employee under §
											231.41 (relating to rate), where
				  the premium rate is not less than 1 1/2 times the rate established in good
				  faith by the contract or agreement for like work performed during the workday
				  or workweek.