temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; An official website of the United States government. #block-googletagmanagerheader .field { padding-bottom:0 !important; } As of 2022, the minimum salary for administrative and executive employees, exempt from overtime pay requirements, is $990 per week for the remainder of the state, excluding New York City. Exempt computer employees are expected to be paid at least $684 on a salary basis or an hourly basis at a rate not less than $27.63 an hour. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. Oregon Paid Family Medical Leave Update 2023, FMLA and FLSA for Remote Employees: DOL Guidance, Los Angeles Fair Work Week Ordinance Passes, GovDocs Launches Enhanced Intranet Poster Program: Electronic Labor Law Posters, If highly technical computer professionals are paid on an hourly basis and meet the duties requirements, they must be paid at least $31.41 per hour, $57,293.60 annually ($1,101.80/week); salaried workers must be paid at least 1.75 times the states minimum wage), $65,478.40 annually ($1,259.20/week); salaried workers must be paid at least two times the states minimum wage, Police, firefighters, paramedics and other first responders. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, Gua Prctica Referente a la Ley de Normas Justas de Trabajo, Employment Law Guide: Minimum Wage and Overtime Pay, Information on Furloughs and Other Reductions in Pay, Misclassification of Employees as Independent Contractors, Minimum Wage and Overtime Pay for Direct Care Workers, COVID-19or Other Public Health Emergencies and the FLSA, Comprehensive FLSA Presentation (Microsoft PowerPoint), Executive, Administrative, and Professional Exemption Presentation (Microsoft PowerPoint), Civil Money Penalty Inflation Adjustments, Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} $(document).delegate(".drupal-drop-button", "click", function (event) { An agency within the U.S. Department of Labor, 200 Constitution Ave NW .usa-footer .container {max-width:1440px!important;} The site is secure. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} The employees primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and. .h1 {font-family:'Merriweather';font-weight:700;} Notably, the compromise did not just eliminate the increase to the salary thresholdit repealed the entire regulatory framework for defining the EAP exemptions under the PMWA. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. //this code handles the closing of the button event if any are expanded. (4) Repeated or willful violation of section 206 or 207. However, when a position qualifies as exempt under FLSA, you may choose to keep it as non-exempt or to change it to exempt. 1){ What impact does the Employ American Workers Act (EAWA) have on H-1B employers? Robert Pritchard is an attorney with Littler Mendelson in Pittsburgh, Pa. 2021 Littler Mendelson. Minimum Wages Are On the Rise in Several States. The DOL also signaled its intent to revisit the salary threshold for the highly compensated employee exemption, currently set at $107,432. el: '#searchBox' January 1, 2022. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { It includes using discretion and independent judgment about issues and tasks important to the success of the organization. part 541 with an effective date of January 1, 2020. ol{list-style-type: decimal;} Its important to set expectations with exempt employees. Eddy is the all-in-one HR Suite built to help local businesses easily manage their people, payroll, and hiring processes. 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Mia is an HR Generalist who fell into HR after realizing that being a psychologist wasnt quite the right fit. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } There are a number of pros and cons why an employer would want an employee to be exempt. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Outside salespeople, like door-to-door salespeople. As a reminder, under the (FLSA), all employees must be paid at least minimum wage plus overtime for all hours worked. Some examples of job duties that fall under this exemption include accounting, quality control, and marketing. May 2022 The United States Department of Labor ("DOL") is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act ("FLSA"). 1-888-273-3274. California. That is because the PMWAstatutecontinues to provide that bona fide EAP employees remain exempt. Eagan, MN 55121 Visit Here. Join us at theSHRM Annual Conference & Expo 2021, taking place Sept. 9-12 in Las Vegas and virtually.]. paginate.init('.myTable', options, filterOptions); With few exceptions, the base pay of a salaried employee may not be reduced based on work performance or time spent as long as work is done. 1305 Corporate Center Drive For employees regularly working over 40 hours a week,you dont have to pay overtime, and you can give those employees more flexibility. The more search terms, the narrower the results. (https://hrdailyadvisor.blr.com/2020/10/27/who-is-not-covered-by-the-flsa/). Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. with GovDocs Employment Law News. The minimum salary for exempt employees in New York City remains at $1,125 per week or $58,500 per year. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} }); if (!event.target.matches('.drupal-drop-button')) { The salary rates may vary depending on the city/county where an employee resides/works in California. You can filter fact sheets by typing a search term related to the Title, Fact Sheet Number, Year, or Topic into the Search box. Please purchase a SHRM membership before saving bookmarks. With the repeal of the PMWA's EAP regulatory definitions, however, what will it take to qualify as exempt under state law? 700+ Entries800+ Experts Consulted18,000+ Weekly Learners. All rights reserved. Before classifying and treating any employee as FLSA exempt, employers need to do their due diligence in confirming that the employee satisfies all tests for exemption under all applicable laws, both federal and state. Colorados salary requirements for exemption status are: Its also worth noting that Colorados standard threshold will increase in 2024, with an indexed increase slated for 2025. What additional records must be maintained by an H-1B-Dependent or Willful Violator employer? .manual-search-block #edit-actions--2 {order:2;} For some additional insights from a great article, click here. For non-exempt employees, it can be as simple as setting hourly requirements, tracking them, and then setting performance expectations accordingly. .usa-footer .container {max-width:1440px!important;} Federal government websites often end in .gov or .mil. Must an H-1B employer pay for nonproductive time? 2, Joint Employment and Independent Contractors Under the Migrant and Seasonal Agricultural Worker Protection Act, Employee Polygraph Protection Act of 1988, Application of the Federal Child Labor Provisions to Amusement Parks and Recreation Establishments, Application of the Federal Child Labor Provisions of the Fair Labor Standards Act (FLSA) to Grocery Stores, The Employment of Workers with Disabilities at Subminimum Wages, How to Obtain a Certificate Authorizing the Payment of Subminimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), Prevailing Wages and Commensurate Wages under Section 14(c) of the Fair Labor Standards Act (FLSA), Hours Worked and the Payment of Subminimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Piece Rates to be Paid Workers with Disabilities Receiving Subminimum Wages under Section 14(c) of the Fair Labor Standards Act (FLSA), Determining Hourly Commensurate Wages to be Paid Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), The Payment of Subminimum Wages to Workers with Disabilities Who Are Employed on Federal Service Contracts Subject to the McNamara-O'Hara Service Contract Act, The 2010 National Community Rehabilitation Program Compliance Baseline Survey, Limitations on the Payment of Subminimum Wages under Rehabilitation Act Section 511, Pre-Employment Requirements for Youth with Disabilities under Rehabilitation Act Section 511, Limitations on the Payment of Subminimum Wages for All Employees under Rehabilitation Act Section 511, Adjusting Commensurate Wage Rates under a Section 14(c) Certificate after a Change in the Minimum Wage, Minimum Wages for Workers With Disabilities Under Executive Orders 13658 and 14026, Child Labor Provisions of the Fair Labor Standards Act (FLSA) for Nonagricultural Occupations, Hotel and Motel Establishments Under the Fair Labor Standards Act (FLSA), Daycare Centers and Preschools Under the Fair Labor Standards Act (FLSA), Minimum Wage, Recordkeeping and Child Labor Requirements of U.S. Law Applicable to Foreign Commercial Vehicle Operators and Helpers, Application of U.S. Labor Laws to Immigrant Workers : Effect of Hoffman Plastic decision on laws enforced by the Wage and Hour Division, The Migrant and Seasonal Agricultural Worker Protection Act, Transportation under the Migrant and Seasonal Agricultural Worker Protection Act, Field Sanitation Standards under the Occupational Safety and Health Act, The Health Care Industry and Youth Employment, The Health Care Industry and Hours Worked, The Health Care Industry and Calculating Overtime Pay, Changes in the Rules on the Employment of Minors Exempt from Compulsory School Attendance in Businesses Where Machines Process Wood Products, Stock Options under the Fair Labor Standards Act (FLSA), Overview of the Regular Rate of Pay Under the Fair Labor Standards Act (FLSA), State and Local Scheduling Law Penalties and the Regular Rate under the Fair Labor Standards Act (FLSA), Bonuses under the Fair Labor Standards Act (FLSA), Hazardous Occupations Order No. , click here fide EAP employees remain exempt the results closing of the button event if any expanded. ).removeClass ( 'expanded ' ) ; a common misconception is that it is up to the employer to flsa exempt salary threshold 2022! 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