Pennsylvania Split-Shift and On-Call Pay Laws: What Restaurant Managers Must Know

Pennsylvania Split-Shift and On-Call Pay Laws: Key Takeaways

Pennsylvania state law does not require extra pay for split shifts; total pay must meet minimum wage of $7.25/hour.
Philadelphia's Fair Workweek Ordinance limits split shifts, requires 14-day advance notice, and mandates predictability pay for late schedule changes.
On-call pay in Pennsylvania depends on restrictions imposed; pay is required if the employee’s personal time is significantly limited.

Restaurant managers in Pennsylvania must understand both state and Philadelphia-specific rules to manage split shifts and on-call scheduling effectively.

Compliance with wage laws and advance scheduling notices improves fairness and reduces legal risks in restaurant labor management.

1. Overview of Pennsylvania Split-Shift Pay Laws for Restaurant Managers

A split shift divides an employee’s workday into two or more segments separated by unpaid breaks. Under Pennsylvania state law, employers are not required to pay extra compensation for split shifts beyond the wages earned for hours worked.

Employers must ensure the total pay for all work performed complies with the state minimum wage of $7.25 per hour, which matches the federal minimum.

For tipped roles, review the server minimum wage requirements.

It is important that all worked hours are compensated properly and overtime pay is provided for hours exceeding 40 per week, as per law.

2. Impacts of Philadelphia's Fair Workweek Ordinance on Split Shifts

Philadelphia’s Fair Workweek Employment Standards Ordinance, effective April 2020, introduces important protections for workers in industries including food service.

This ordinance applies to large employers with 250 or more employees and 30 or more locations worldwide, affecting many restaurant chains.

Key Provisions Affecting Split Shifts

Advance Notice: Employers must provide at least 14 days’ written notice of work schedules to employees, including split shifts.
Predictability Pay: If schedule changes occur with less than 14 days’ notice, employers must compensate employees up to four hours of pay at their regular hourly rate.
Right to Rest: Employees can refuse shifts that start fewer than nine hours after their previous shift ends, which limits problematic split shift scheduling.

These rules mean that while split shifts are not banned, they must be scheduled transparently and fairly, with adequate notice and pay protections.

To train supervisors on fair scheduling, use our manager training checklist.

3. What Pennsylvania Restaurant Managers Need to Know About On-Call Pay

Payroll rules for on-call time under Pennsylvania law distinguish between compensable and non-compensable on-call periods based on restrictions placed on employees.

According to the U.S. Department of Labor guidance followed by Pennsylvania:

If employees are required to stay on or near the worksite and cannot use their time freely, this on-call time is compensable work time.
If employees are simply reachable by phone or pager and free to use their time as they please until called in, the employer is not required to pay for this on-call time.

The Philadelphia Fair Workweek Ordinance strengthens on-call protections by effectively banning on-call shifts without guaranteed pay or work and requiring advance scheduling notice.

Roles such as bartenders often face on-call scenarios—review the bartender job duties to align expectations.

4. Best Practices for Managing Split-Shift and On-Call Pay in Pennsylvania Restaurants

To comply with state and local laws and maintain good employee relations, restaurant managers should take several proactive measures.

Policy Development

Establish clear written policies defining how split shifts and on-call duties will be assigned, the notice that will be provided, and how compensation will be handled.

Clarify back-of-house oversight by outlining kitchen manager responsibilities for scheduling and compliance.

Providing Advance Notice

Follow Philadelphia’s Fair Workweek rules when applicable by giving at least 14 days’ written schedule notice.

Provide as much advanced notice as possible even outside Philadelphia to promote fairness and prevent last-minute pay penalties.

When planning FOH coverage, align with the server job description to set realistic shift expectations.

Ensuring Fair Compensation

Make sure all hours worked, including those in split shifts and paid on-call hours, are compensated at or above minimum wage.

Don’t forget to apply overtime pay correctly for hours worked beyond 40 per week.

Prevent wage violations by avoiding working off the clock practices.

Record Keeping and Employee Communication

Keep detailed records of hours worked, schedules provided, and communications related to scheduling. This documentation supports compliance and dispute resolution.

Maintain transparent dialogue with employees about scheduling practices, rights, and any changes to foster trust.

If you operate across state lines, consult our multi-state payroll guide for consistent compliance.

5. Useful Resources for Pennsylvania Restaurant Managers

Pennsylvania Split-Shift and On-Call Pay Laws: Conclusion

Restaurant managers in Pennsylvania should understand that while state law does not require additional split shift pay, Philadelphia’s Fair Workweek Ordinance imposes important scheduling notice and pay protections.

On-call pay depends on the level of restrictions on employees during on-call periods, with pay required when freedom is limited.

Adopting clear policies, providing adequate advance notice, ensuring full compensation, maintaining detailed records, and communicating openly with employees will help restaurants stay compliant and support a fair workplace.

01. Does Pennsylvania state law require extra pay for split shifts?

No, Pennsylvania state law does not require employers to provide additional pay for split shifts beyond regular wages for hours worked.

02. What protections does Philadelphia's Fair Workweek Ordinance provide for split shifts?

It requires 14 days advance notice of schedules, predictability pay for late changes, and allows employees to refuse shifts that violate rest periods.

03. When is on-call time compensable under Pennsylvania law?

On-call time is compensable if employees' personal time is significantly restricted, such as requiring them to stay on or near the worksite.

04. Who does Philadelphia's Fair Workweek Ordinance apply to?

It applies to large employers with 250 or more employees and 30 or more locations worldwide, including many restaurant chains.

05. What are best practices for restaurant managers managing split shifts and on-call pay?

Develop clear policies, provide advance schedule notices, ensure fair pay and overtime compliance, maintain records, and communicate openly with employees.