HARRISBURG -- The U.S. Department of Labor is investigating whether Pennsylvania is violating employees' rights by withholding pay during the state budget impasse.

State workers are not being paid on time for hours they worked after June 30, when the last fiscal year ended.

Employees will receive back pay once a budget has been adopted, but that could be weeks away. Republicans and Democrats are about $2 billion apart in negotiating the budget.

Gov. Ed Rendell has said that a court ruling last year prevents issuing payments to employees or vendors without a budget in place. That ruling is on appeal to the state Supreme Court.

"If employees work they cannot be paid until a budget is passed or the governor can lay them off ... until a budget is passed," said Barry Ciccocioppo, a spokesman for Mr. Rendell. "There is no third option."

The Labor Department initiated the investigation after receiving more than 1,500 phone calls from Pennsylvania state employees, department spokeswoman Leni Fortson said last evening.

"All state employees will be covered under the investigation, so they don't have to call in individual complaints any longer," she said.

Now callers to the department's hotline -- 866-487-9243 -- hear automated instructions to press 2 "if you are an employee of the Commonwealth of Pennsylvania calling regarding your paycheck or hours worked."

A message then advises that the department's Wage and Hour Division is investigating "to ensure that your rights under the Fair Labor Standards Act are protected. There is no need for you to file an individual complaint. All affected employees will be covered by our investigation into this matter."

The federal act sets provisions for payment of wages. It includes a requirement for employers to provide compensation on regularly scheduled pay days.

If employers fail to comply, the U.S. Secretary of Labor can bring suit for back wages and interest, according to the department's Web site. Civil penalties also could be assessed.

The governor's office has not been notified of a formal investigation and complied with the Department of Labor's request for payroll records for the pay period ending July 3, Mr. Ciccocioppo said.

About 77,000 state employees are affected.