Andrea M. Kirshenbaum of Post and Schell Significant Revisions to PMWA Regulations for Tipped Employees Coming to a Restaurant Near You in August
Pennsylvania employers with tipped employees should revise their policies and practices in advance of the Aug. 5 effective date of the regulations.
July 22, 2022 at 11:49 AM
6 minute read
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.
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