The list does not include the city/county thresholds for California. In no case may the regular rate be less than the minimum wage required by the FLSA. 1/1/2021. The FLSA does not provide wage payment or collection procedures for an employees usual or promised wages or commissions in excess of those required by the FLSA. Wages required by the FLSA are due on the regular payday for the pay period covered. An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorneys fees and court costs. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? The Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010 (P.L. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) administers and enforces the FLSA with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. Specifically, under WMWA rules an employee will be considered to be paid on a salary basis if the employee regularly receives for each pay period of one week or longer (but not to exceed one month) a pre-determined monetary amount (the salary) consisting of all or part of his or her compensation, which amount will not be less than what is required to be paid pursuant to WAC 298-128-510 through 295-128-530. The proposed minimum salary level for the Fair Labor Standards Act's executive, administrative and professional exemptions thus could be $913 per week or $47,476 per year, if not more, he predicted. 25 states are raising their minimum wage in 2022. In most circumstances, yes. } As noted above, the weekly standard salary level will continue to increase each year over the next eight years. The Department of Labor issued a final rule on Sep. 24, 2019increasingthe salary-level threshold for white-collar exemptions to $684a week from $455 a week. Organizations still have to comply with increases to the state salary threshold. To be classified as exempt from overtime under state law, administrative, professional, and executive employees must satisfy certain salary and duties tests and receive a salary that exceeds 3000 times the state minimum wage. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. L&I also updated its EAP duties tests to more closely align with the federal standards. Nonexempt employeesmust be paid time and a half for any hours worked more than 40 in a workweek. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. Consider the following: What is the overtime status of an employee who works full-time in a nonexempt position, but also teaches classes or advises on the side? Paid leave does not count as time worked for non-represented employees. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Everything HR professionals need to know about the FLSA salary threshold. Some apply to specific types of businesses; others apply to specific kinds of work. For classified employees and those employees exempt from civil service the salary threshold discussed in question #1 should be applied in order to exempt the position. Agency's Targets In December, the DOL announced it had plans to revisit the salary threshold for "white-collar" exempt employees under the FLSA. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. In farm work, permissible jobs and hours of work, by age, are as follows: Minors of any age may be employed by their parents in any occupation on a farm owned or operated by their parents. Please log in as a SHRM member. This is a very fact specific question that should be asked of your assigned Labor and Personnel or Education Division AAG. The .gov means its official. Before sharing sensitive information, make sure youre on a federal government site. The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods. var temp_style = document.createElement('style'); Cook County: $13.00 per hour; $7.20 per hour for tipped employees, Portland: $13.00 per hour; $6.50 per hour for tipped employees, Montgomery County: $15.00 + CPI increase for large employers (51 or more employees) as of July 1, 2022; $14.50 for midsized employers (11 to 50 employees) as of July 1, 2022; $14.00 for small employers (10 or fewer employees) as of July 1, 2022, Minneapolis: As of July 1, 2022, $15.00 per hour (up from $14.25) for employers with 100 or more employees and $13.50 per hour (up from $12.50) for employers with fewer than 100 employees, Saint Paul: As of July 1, 2022, $15.00 per hour (up from $12.50) for employers with more than 10,001 employees, $13.50 per hour (up from $12.50) for employers with between 101 and 10,000 employees, $12.00 per hour (up from $11.00) for employers with between 6 and 100 employees, and $10.75 per hour (up from $10.00) for employers with 5 or fewer employees. The current minimum salary threshold sits at $35,568 annually, which was put into place at the start of 2020 following a lengthy process that began during the Obama administration. The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty. .table thead th {background-color:#f1f1f1;color:#222;} Arkansas. What are the split-level pay ranges under the WMWAs new salary threshold? Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors. The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. .usa-footer .container {max-width:1440px!important;} By 2028 the annual salary threshold will be $78,624.00. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws. The FLSA contains some exemptions from these basic standards. However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed. If your agency would like to change the work period designation from overtime eligible to overtime exempt or lawenforcementyou must request approval fromStateHR. Changes to the standard salary level to exempt EAP employees from WMWA overtime requirements are effective January 1, 2021. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. How can employers avoid salary compression when raising the minimum salary for exempt employees under the revised overtime regulations? Coaches are exempt under the professional exemption, when their primary duty is teaching student athletes how to perform their sport. Santa Fe County: $12.32 per hour for nontipped employees and $3.69 per hour for tipped employees (a new CPI adjustment will be announced and become effective on March 1, 2022), Airport employees: $18.00 (up from $17.00), Fast food workers regardless of location: $15.00 (up from $14.50), Long Island and Westchester: $15.00 (up from $14.00), Metro Portland area: $14.75 per hour (up from $14.00) on July 1, 2022, Rural areas: $12.50 per hour (up from $12.00) on July 1, 2022. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime pay. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. $35,568 (Current Federal) N/A. It is not enough to meet one test but not the other unless the claimed exemption is one for a professional whose duties alone make them exempt regardless of the salary paid or if other specific rules apply, such as in higher education (see #4 above and #1 Note). under the H-1C provisions, provides for the enforcement of employment conditions attested to by employers in disadvantaged areas employing H-1C temporary alien nonimmigrant registered nurses. The FLSA requires employers to keep records on wages, hours, and other items, as specified in DOL recordkeeping regulations. Civil money penalties may be assessed for child labor violations and for repeat and/or willful violations of FLSA minimum wage or overtime requirements. For that week only, the employee would be entitled to protections under the Minimum Wage Act, which would include payment for all time worked over 40. The overtime threshold is a salary level used to determine which employees are . 2022 Governor's proposed supplemental budget, 2021 Governor's proposed supplemental budget, 2020 Governor's proposed supplemental budget, 2023-25 operating and transportation budget instructions, 2021-23 operating, transportation and capital budget instructions, Fiscal impact of ballot measures & proposed legislation, 2021 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Contact Facilities Oversight and Planning staff, Facilities Portfolio Management Tool (FPMT), Bill Enrollment and Agency Request System (BEARS), Results through Performance Management System (RPM), Fair Labor Standards Act (FLSA) & Washington Minimum Wage Act (WMWA), Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion. However, at any age, minors may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business (except in mining, manufacturing or on hazardous jobs); or gather evergreens and make evergreen wreaths. The changes are summarized below: To qualify for the administrative, professional, and executive exemptions in California, employees must meet certain salary and duties tests and must be paid at least twice the state minimum hourly wage based on a 40-hour week. If the space is not dedicated to the nursing mothers use, it must be available when needed in order to meet the statutory requirement. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. It depends. In addition to the salary, half the regular rate, or $4.80, is due for each of the 10 overtime hours, for a total of $528 for the week. Workers who customarily receive more than $100 per month in tips must still receive the minimum hourly wage in the City, so if they arent earning enough in tips the employer must pay them enough to make up the difference. Under a special provision, youths 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days (including during school hours). The states minimum wage is scheduled to increase on January 1, 2022. Workweek - A workweek is a period of 168 hours during 7 consecutive 24-hour periods. Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept: Records required for exempt employees differ from those for nonexempt workers. 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