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Minimum Wage Act
The Pennsylvania Minimum Wage Act, 43 Pa.C.S. §333.101, is the state law
version of the federal Fair Labor Standards Act, that applies to wage issues
that may not qualify for protection under the federal law. For example, in
order to qualify for minimum wage protection under the FLSA, the employer must
be engaged in an industry in interstate commerce. The state minimum wage law
protects persons employees by those (few) employers engaged only in intrastate
commerce.
The state law generally tracks the minimum wage and other provisions of the
FLSA and, like the FLSA, provides for exemptions from the protections of the
Law, for specific occupations. The minimum wage law is enforceable exclusively
by the Secretary of the PA Department of Labor & Industry.
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