Pay Frequency and Wage-Payment Lag Requirements in Pennsylvania

At a glance

Requirements one by one

Regular paydays and the lag after a pay period

Section 260.3(a) requires regular paydays designated in advance by the employer and controls how long wages may remain unpaid after the employer's pay period closes. A written employment contract may state the lag. If it does not, the standard customary lag in the trade applies; if neither source supplies a time, wages are due within 15 days after the period ends.

For example, if an employer uses a two-week pay period and neither the written employment terms nor a provable trade custom supplies another lag, the payday must fall no later than 15 days after that two-week period closes. The statute does not turn the 15 days into permission to add another 15 days after a separately promised payday.

Overtime may follow one payroll later

The same subsection says overtime wages may be treated as earned and payable in the next succeeding pay period. That is a narrow timing allowance for overtime, not a general extension for all straight-time wages earned in the period.

Hiring and change notice

Section 260.4 requires notice at hiring of the time and place of payment, pay rate, and promised fringe benefits or wage supplements, plus notice of a change before it occurs. The employer may instead keep those facts conspicuously posted. An available bona fide collective-bargaining agreement containing the terms also satisfies the notice duty.

Enforcement and penalties

An employee or group may sue under § 260.9a, or may report the wage claim to the Secretary of Labor and Industry. If the employer does not pay or satisfactorily explain the claim within 10 days after certified agency notice, a 10% penalty attaches to the portion found justly due. A prevailing plaintiff receives reasonable attorney's fees, and the claim has a three-year limitations period.

If wages remain unpaid 30 days beyond the regular payday and no good-faith dispute accounts for nonpayment, § 260.10 adds liquidated damages equal to 25% of the wages or $500, whichever is greater. Section 260.11.1 separately makes a violation a summary offense carrying up to a $300 fine, up to 90 days' imprisonment, or both.

What trips people up

The 15-day rule is a default lag, not Pennsylvania's pay frequency. The statute allows a written employment contract or customary trade practice to supply the number of days after period close, while still requiring regular paydays and preserving the Act's nonwaivable protections.

Notice may be individual, posted, or supplied through an available collective- bargaining agreement. But whichever route the employer uses must communicate the time and place of payment, and a change must be communicated before it takes effect.

Final pay after a separation has its own next-regular-payday rule in § 260.5. That provision should not be substituted for the recurring-pay rule in § 260.3.

Common questions

Does Pennsylvania require biweekly pay?

No. The statute requires regular paydays but does not mandate one universal weekly or biweekly frequency. The pay-period lag must satisfy § 260.3(a).

What happens if the contract says nothing about payroll lag?

The customary trade lag applies if one exists; otherwise wages are due within 15 days after the pay period ends.

Must employees receive notice before payday changes?

Yes. Section 260.4 requires notice of a change before it occurs, although the employer may satisfy the overall notice duty through conspicuous posting or an available bona fide collective-bargaining agreement.

Statutes and sources

• 43 P.S. § 260.2.1. Employer and wage definitions. Official act PDF (accessed August 8, 2026).
• 43 P.S. § 260.3(a). Regular paydays, contract/custom/default lag, and overtime timing. Official act PDF (accessed August 8, 2026).
• 43 P.S. § 260.4. Hiring and change notice. Official act PDF (accessed August 8, 2026).
• 43 P.S. § 260.5. Next-regular-payday timing for employees who quit or are separated. Official act PDF (accessed August 8, 2026).
• 43 P.S. §§ 260.7, 260.12. Nonwaiver and preservation of different wage- payment standards. Official act PDF (accessed August 8, 2026).
• 43 P.S. §§ 260.9a-.11.1. Civil action, agency claim, fees, liquidated damages, limitations, and criminal penalty. Official act PDF (accessed August 8, 2026).
• HB 716, SB 341, and HB 718 (2025-2026). Pending notice and enforcement proposals. HB 716, SB 341, and HB 718 (checked September 9, 2026).