The Fair Labor Standards Act (FLSA), enacted and enforced by the U.S. Department of Labor, establishes national standards for minimum wage and overtime. The Pennsylvania Department of Labor is responsible for upholding the FLSA, as well as additional Pennsylvania-specific labor laws. If you are a Pennsylvania employee, it is important that you familiarize yourself with these Federal and state laws so that you know when your rights are being violated.

Pennsylvania overtime refers to any hours worked in excess of 40 in a workweek. The term “workweek” has a specific legal definition: seven consecutive days, beginning on whatever day the employer chooses. However, the workweek must always begin on that same day for the duration of an individual’s employment. Two or more workweeks cannot be averaged to determine overtime hours. Each week stands on its own. Not everyone is entitled to overtime in Pennsylvania. The law has categories of worker types and business types that are exempt. For non-exempt employees, overtime pay in Pennsylvania is 1.5 times an employee’s regular rate of hourly pay.

The minimum wage in Pennsylvania is the same as the national minimum wage: $7.25 an hour. Employees that are not exempt (see above) must be paid at this rate, irrespective of the method of payment. That is, day laborers, tipped employees (at least $30 a month), and employees working on a piece rate or commission basis must make at least $7.25 an hour when their total pay is divided by their hours worked. If tipped employees do not make enough in tipped wages to equal the minimum wage, their employer must cover the difference. If you believe you have had wages withheld from you, this wage and hour law information cannot replace professional legal advice.

Like every other state, Pennsylvania has its own judicial system. Most residents of the state of Pennsylvania, however, likely do not know the structure of their own court system. This is unfortunate, especially for those people who wish to file personal injury claims. People who want to file personal injury lawsuits can better utilize the court system of the state of Pennsylvania by understanding its structure and the specific functions of its various parts.

Like all court systems, Pennsylvania’s court system is structured like a pyramid. At the bottom of the pyramid are Special Courts, which deal with most people’s claims and problems. Special Courts are divided into four types:

1. District Justice Courts. These are one of the two sub-types of Special Courts that deal with personal injury claims. With regards to personal injury lawsuits, these courts hear cases in which the damages do not exceed $8,000. They also deal with some criminal matters.
2. Philadelphia Municipal Court. This is the other sub-type of Special Courts that deal with personal injury claims. The maximum damages that can be claimed are $10,000. It also deals with some criminal matters.
3. Philadelphia Traffic Court. As its name implies, this sub-type of Special Court deals with traffic cases.
4. Pittsburgh Magistrates Courts. These courts deal with criminal matters.

The second layer of Pennsylvania’s court system consists of Common Pleas Courts, which have original jurisdiction in Pennsylvania trials. As such, they can deal with both criminal and with civil matters (personal injury claims fall under civil matters).

The third (and, discussed later, fourth) layer of Pennsylvania’s judicial system consists of Appellate Courts. The third layer divides appellate courts into two sub-types: the Commonwealth Court and the Superior Court. The Commonwealth Courts have original jurisdiction on many civil cases, including personal injury. If someone wants to bring a personal injury claim against a governmental agency, for example, that individual would file the lawsuit in a Commonwealth Court. The Superior Court acts solely as an appeals court. As a result, personal injury lawsuit decisions from lower court can be appealed to the Superior Court.

The final, and highest, layer of the Pennsylvania judicial system is the Pennsylvania Supreme Court. Although the Supreme Court has original jurisdiction in some cases, for most cases it has appellate jurisdiction. For personal injury cases, the Pennsylvania Supreme Court has only appellate jurisdiction.