The Pennsylvania Department of Labor and Industry’s (L&I) amendments to its Pennsylvania Minimum Wage Act (PMWA) regulations are set to take effect on August 5, 2022. Nearly all of the changes relate to tipped employees. While several of the amendments specifically incorporate federal regulatory language, many create additional obligations on Pennsylvania employers above and beyond those in effect under the federal Fair Labor Standards Act (FLSA). For example, in order to qualify as tipped employees under the PMWA, employees must receive $135 (rather than $30) per month in tips. The amendments also provide additional recordkeeping requirements and create other obligations regarding credit card fees and service charges.

These PMWA regulations come on the heels of multiple changes involving tipped employees at the federal level. While indicating in the Pennsylvania Bulletin that the rulemaking “provides a long overdue update of the department’s regulations concerning tipped employees,” L&I also explains that the rulemaking was animated by a desire to create “bright line rules for employers in this commonwealth who over the last twp years have been subject to constantly changing rules regarding tipped employees from the United States Department of Labor.”

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