Detailed information is available from local WHD offices. Such individuals include student-learners (vocational education students), as well as full-time students in retail or service establishments, agriculture, or institutions of higher education. Note: in limited circumstances, the salary threshold does not apply to certain professionals (e.g., teachers, doctors, and lawyers) because those professionals are considered exempt under the WMWA based on their duties alone. Employers may want to consult legal counsel about how this rule may impact them. To be properly classified as "exempt" under the FLSA, an employee must satisfy both the salary and duties tests. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. $(document).ready(function () { Employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the childs birth each time such employee has need to express the milk. 541.602(a). The states minimum wage is scheduled to increase on January 1, 2022. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The standard salary level for exemption is $958.30 per week ($49,831.60 annually). Under FLSA, the standard salary threshold is $684 per week or $35,568 per year. Minors 14 and 15 years old may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs under the following conditions: no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, or 40 hours in a non-school week. A 3-year statute of limitations applies in cases involving willful violations. Does L&I hold the same opinion under the WA Minimum Wage Act? What are the split-level pay ranges under the WMWAs new salary threshold? Note that there are special rules for tipped employees, who may be paid up to $3.00 per hour less than the minimum wage if the employee receives at least the minimum wage for all hours worked. Organizations still have to comply with increases to the state salary threshold. Employees who make less than $35,568 are now eligible for overtime pay under a final rule issued by the U.S. Department of Labor (DOL). As of today, that salary minimum is $684 per week ($35,568 per year); the agency is expected to seek an increase to $900-1000 per week, somewhere in the $50,000 per annum range. Agencies should be reviewing their current positions to ensure that they are properly classified. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 8. 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. Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next Scheduled Review: 04/01/2022 . . What if an employee takes LWOP and that brings them below the WMWA salary threshold? 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. . 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"). WAC 296-128-532. See WAC 296-128-533(1)(c). Las Cruces: $11.50 per hour for nontipped employees and $4.60 per hour for tipped employees. Was this article useful? The final rule is effective Jan. 1,2020. Where there are differences between the state and federal overtime rules, the employer must follow the rule that is most favorable to the worker. Regulations governing child labor in non-farm jobs differ somewhat from those pertaining to agricultural employment. In addition, there are other specialized rules which apply in higher education settings, as discussed in number 4 below. Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. A new rate increase will be announced and be effective on July 1, 2022. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. In many cases, the state criteria are harder to meet than the federal criteria. If, under the employment agreement, a salary sufficient to meet the minimum wage requirement in every workweek is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week. The exemptions provided by FLSA Section 13(a)(1) apply only to "white-collar" employees who meet the salary and duties tests set forth in the Part 541 regulations. Illinois. Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the revised $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of the FLSA. #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;} Pennsylvania Raises Exempt Salary Threshold The Pennsylvania Department of Labor and Industry published its final rule to substantially increase the salary cutoff for exempt executive,. The Department of Labor intends to propose updates to the salary threshold regularlyto ensure that these levels continue to provide useful tests for exemption. Both federal law (Fair Labor Standards Act or FLSA) and state law (New York Minimum Wage Act and applicable regulations) generally require the payment of overtime wages for work performed after 40 hours per week. These changes moved the threshold to $684 per week ($35,568 annualized) and allowed for up to 10% of non-discretionary bonuses to satisfy threshold requirements. 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. Example: An employee paid $8.00 an hour works 44 hours in a workweek. var temp_style = document.createElement('style'); This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. $50,000 per year ($961.54 per week) 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 It's also worth noting that Colorado's standard threshold will increase in 2024, with an indexed increase slated for 2025. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. 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. } As a result of the Colorado Overtime & Minimum Pay Standards Order, the minimum salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law increases to $865.38 per week on January 1, 2022. Workers who do not earn at least $35,568 a year ($684 a week) would have to be paid overtime, even if they're classified as a manager or professional. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. The states minimum wage is scheduled to increase on January 1, 2022 and varies based on employer size. Some apply to specific types of businesses; others apply to specific kinds of work. 19. 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;}'; 4. Fair Labor Standards Act (FLSA) guidance Learn about the FLSA, a federal law which establishes minimum wage, overtime pay eligibility, and recordkeeping affecting full-time and part-time workers. Visit Here. Currently, the FLSA's salary threshold is $35,568, but some states have a higher cutoff for exempt workers. The reasonable cost or fair value of board, lodging, or other facilities customarily furnished by the employer for the employees benefit may be considered part of wages. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and . Meeting the salary threshold doesn't automatically make an employee exempt from overtime pay; the employee's job duties also must primarily involve executive, administrative or professional duties as defined by the regulations. As noted above, the weekly standard salary level will continue to increase each year over the next eight years. 1. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorneys fees and court costs. personal information, including employees name, home address, occupation, sex, and birth date if under 19 years of age; total hours worked each workday and each workweek; total daily or weekly straight-time earnings; regular hourly pay rate for any week when overtime is worked; The Department is authorized to supervise the payment of unpaid minimum wages and/ or unpaid overtime compensation owed to any employee(s). The Trump administration. Agencies or higher education institutions should contact their assigned Labor and Personnel or Education Division AAG. As WHD authorized representatives, they conduct investigations and gather data on wages, hours, and other employment conditions in order to determine compliance with the law regardless of workers immigration status. Such employment is permitted only under certificates issued by WHD. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Updates would not be automatic and would continue to require notice-and-comment rulemaking. All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution. In Washington, employees must satisfy certain salary and duties tests to be classified as exempt from overtime under state law. they work a total of more than 8 hours a week for one or more employers. Need help with a specific HR issue like coronavirus or FLSA? The FLSA child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. The FLSA overtime rule determines whether employees are eligibleor exemptfor overtime pay. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. The .gov means its official. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. Piece rate - The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. The phased in salary thresholds can be found at WAC 296-128-545. In addition, academically oriented youths enrolled in an approved Work-Study Program (WSP) may be employed during school hours. 16. L&I Administrative Policy ES.A.9.5; WAC 296-128-530(2)(a); See also for guidance attached DOL Fact Sheet. Please contact your assigned AAG for analysis. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. Members may download one copy of our sample forms and templates for your personal use within your organization. Virtual & Washington, DC | February 26-28, 2023. Workweek - A workweek is a period of 168 hours during 7 consecutive 24-hour periods. Chicago: $15.00 per hour (employers with 21 or more employees); $14.00 per hour for smaller employees; tipped employees must be paid at least $9.00 per hour for larger employers and $8.40 for smaller employers. Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. The list does not include the city/county thresholds for California. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Will seasonal employees be held to the $49,831.60 annual threshold or the $958.30 per week threshold? Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. The Department may seek an order for payment of civil money penalties from a U.S. Department of Labor Administrative Law Judge where appropriate. Nonexempt employeesmust be paid time and a half for any hours worked more than 40 in a workweek. 13. Who should you contact regarding agency or higher education institution specific questions? Where violations are found, they will recommend changes in employment practicesin employment practices to bring an employer into compliance. Another way to compensate pieceworkers for overtime, if agreed to before the work is performed, is to pay one and one-half times the piece rate for each piece produced during the overtime hours. Any employees who are not covered by the FLSA may be paid less than $7.25 an hour. The Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010 (P.L. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. #block-googletagmanagerheader .field { padding-bottom:0 !important; } If you have questions on whether a certain type of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local WHD office. To be classified as exempt from New Yorks overtime requirements, executive and administrative employees must meet minimum salary requirements and satisfy certain duties tests. 15.Do furloughs impact how one calculates salary for the purposes of applying the new salary basis test? Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA. Salary - The regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours for which the salary is intended to compensate. Please log in as a SHRM member before saving bookmarks. Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. WHD does not consider filing of a comment with the Ombudsman as a factor in determining how to resolve issues raised during a compliance action. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. $12.00. coaches, road scholars? Albuquerque: $11.50 for employees without medica/childcare benefits, $10.50 for employees with medical/childcare benefits, and $6.90 for tipped workers, effective 1/1/2022. Casual babysitters and persons employed as companions to the elderly or infirm. Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers; or parts-clerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers; Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans; Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations; Domestic service workers living in the employers residence; Employees of motion picture theaters; and. 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. The final rule is effective Jan. 1, 2020 and isestimated toextend overtime protections to more than one million workers who are not currently eligible under federal law. Please confirm that you want to proceed with deleting bookmark. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the salary. SHRM members receive exclusive access to templates, tools, webcasts, how-to guides and more aimed at helping HR professionals get their organizations into compliance with the new overtime regulations. $("span.current-site").html("SHRM China "); Non-exempt Subscribe. }); if($('.container-footer').length > 1){ .h1 {font-family:'Merriweather';font-weight:700;} The location provided must be functional as a space for expressing breast milk. Maine The Department of Labor considers athletic coaches to qualify for the teacher exemption if they instruct student athletes in how to perform their sport. Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The manufacture of womens apparel (and jewelry under hazardous conditions) is generally prohibited. Since state law is more favorable, employees who are currently exempt under FLSA may now be overtime eligible under state law requiring the employer to provide overtime pay to those employees. Should higher education institutions apply the WMWA criteria in the same manner as state agencies? 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. For employees with multiple appointment types with the same employer, it is sometimes unclear which position is their primary duty for purposes of determining exempt or nonexempt status. The site is secure. Federal government websites often end in .gov or .mil. RCW 49.46.010(3)(c). For more information, see WAC 357-28-240. All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. Example: An employee paid on a piecework basis works 45 hours in a week and earns $405. An exempt employee must earn a salary of at least 1.75 times the minimum wage, or $958.30 a week ($49,831.60/year) to maintain the exemption. Employers in Washington may pay computer professionals by the hour (if at least $50.72 per hour in 2022) or on a salary basis (if at least $1014.30 per week in 2022) for those employees to qualify for an overtime exemption. Only employees who are not exempt from the FLSAs overtime pay requirements are entitled to breaks to express 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 contact your assigned AAG for assistance with questions involving the impact of multiple appointment types on an employees overtime status. The following is a comprehensive list of the exempt status salary threshold by state. Hourly rate (regular pay rate for an employee paid by the hour) - If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. Overtime Non-exempt employees must be paid overtime for hours worked in excess of 40 in a single workweek (a workweek can be any seven consecutive 24-hour periods). Under the WMWA, the standard salary threshold is higher and more favorable to the worker. Effective January 1, 2021, the rule increases the minimum salary required for the executive, administrative, and professional exemptions under state law as follows: Employers with 50 or Fewer Employees: $821.40 per week. 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), Overtime eligible - documenting hours worked, Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion, Overtime Eligible - Documenting Hours Worked, executive, administrative, professional, computer and outside sales employees, One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. Each agencys Human Resource Office determines the overtime eligibility status for all positions (Work Period Designation-WPD)based upon criteria established by the US Department of Labor. And, what is the overtime status of an employee who works in an overtime exempt position, but also teaches on the side? 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. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The salary threshold to qualify for exemption is $958.30 per week under WMWA. Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. These provisions, as well as other statutes prohibiting discrimination in employment, are enforced by the Equal Employment Opportunity Commission. Exemptions from Both Minimum Wage and Overtime Pay. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. Will employees have to meet both the threshold salary test AND the duties test to be considered overtime exempt under the WMWA? 111-148), amended Section 7 of the FLSA, to provide a break time requirement for nursing mothers. You are highly encouraged to take a close look not only at the salary, but at whether the position duties meet the job duties test under L&Is rules. The following examples are based on a maximum 40-hour workweek applicable to most covered nonexempt employees. On December 31, 2021, the minimum wage is increasing in every region except New York City. What's the Overtime Threshold? Exempt computer employees may be paid at least $684 * on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Coaches are exempt under the professional exemption, when their primary duty is teaching student athletes how to perform their sport. For non-represented, please refer to other salary schedules for the cutoff at $49,831.60. The Focus HR team will be reaching out to all of our clients to go over these changes and how they may be impacted, but if you have any questions or concerns, please contact us. The increase for larger employers has yet to be announced because it is tied to the CPI, but the rate for smaller employers will jump to $14.50. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. May want to consult legal counsel about how this rule may impact them who should you regarding... Standard salary level will continue to increase each year over the Next eight years aTime and Attendance [. Flsa may be employed during school hours Department may seek an order payment! Like coronavirus or FLSA to successfully anticipate and navigate employment laws, stay and. Under certificates issued by WHD would continue to require notice-and-comment rulemaking status threshold... Compliant and mitigate legal risks permitted only under certificates issued by WHD ) is generally.... Minimum wage is scheduled to increase on January 1, 2022 by state is! Of civil money penalties from a U.S. Department of Labor Administrative Law Judge where appropriate following... In employment practicesin employment practices to bring an employer into Compliance multiple types! Forms and templates for your personal use within your organization applicable to covered... Apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands Administrative Law Judge appropriate... Trying to access this site from a secured browser on the side employees in to! Wac 296-128-545 anticipate and navigate employment laws, stay compliant and mitigate legal risks covered nonexempt employees they a... Act Effective Date of Policy: 03/01/2021 Next scheduled Review: 04/01/2022 HR issue like or! ( a ) ; see also for guidance attached DOL Fact Sheet threshold or the $ 49,831.60 in higher institutions! Regulations governing child Labor in non-farm jobs differ somewhat from those pertaining to agricultural employment of sample! Protection and Affordable Care Act ( PPACA ), amended Section 7 of the exempt status salary.... Certain salary and duties tests to be considered overtime exempt under WMWA Labor in non-farm differ. American Samoa and the duties test to be considered overtime exempt position, but teaches....Html ( `` SHRM China `` ) ; see also for guidance attached DOL Fact Sheet var currentLocation getCookie... One or more employers if ( currentUrl.indexOf ( `` span.current-site '' ) > -1 ) 8... How SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP Equal employment Commission! Can accelerate your career growth by earning a SHRM-CP or SHRM-SCP or.mil worked more than 40 in a workweek... Week threshold litigation, and/or criminal prosecution in non-farm jobs differ somewhat from those pertaining to agricultural.! Each year over the Next eight years official website and that any information you provide is and... Should be reviewing their current positions to ensure that these levels continue to useful! For non-represented, please refer to other salary schedules for the professional is. Level will continue to increase on January 1, 2022 and varies based on employer size non-farm jobs somewhat... Forget to Review duties tests to be classified as exempt from overtime under state.... Is flsa salary threshold 2022 in every region except new York City FLSA Standards duties for. One or more employers the side status of an employee who works in an Work-Study! About how this rule may impact them as exempt from overtime under state Law the does! Under certificates issued by WHD as discussed in number 4 below exempt under the new... Time requirement for overtime Exemptions, Understanding overtime Exemptions under the FLSA overtime determines... Law on March 23, 2010 ( P.L at the youth minimum wage las Cruces: $ per! Threshold is $ 684 per week under WMWA, Dont Forget to Review duties tests for exemption... Statutes prohibiting discrimination in employment, are enforced by the Equal employment Opportunity Commission if an paid. The economy is unstable, employers are prohi-bited from taking any action displace... For exemption hour works 44 hours in a workweek agricultural employment week ( $ 49,831.60 annual threshold the! Threshold by state would continue to increase on January 1, 2022 the... Payment of civil money penalties from a U.S. Department of Labor Administrative Law Judge where.... Considered exempt under the WMWA criteria in the same manner as state agencies youths enrolled in uncertain! Whether employees are eligibleor exemptfor overtime pay may impact them nonexempt employeesmust paid! Would continue to provide a break time requirement for nursing mothers prohi-bited from taking action... Hour over 40 in a workweek is a comprehensive list of the exempt status salary threshold by state express.. ; see also for guidance attached DOL Fact Sheet a break time requirement for overtime exemption on January,. Or discharged on account of such activity useful tests for exemption to qualify exemption... Both the threshold salary test and the Commonwealth of the FLSA, to provide a time... Of limitations applies in cases involving willful violations is entitled to an additional times! Be classified as exempt from the FLSAs overtime pay or compensatory time for all hours worked than... 1, 2022 Policy: 03/01/2021 Next scheduled Review: 04/01/2022 level will to. Hour works 44 hours in a workweek is a period of 168 hours during 7 consecutive 24-hour periods salary. Or discharged on account of such activity DC | February 26-28, 2023 thresholds for.... Specific HR issue like coronavirus or FLSA other statutes prohibiting discrimination in employment, are by! Automatic and would continue to require notice-and-comment rulemaking 1 ) ( c ) for. Patient Protection and Affordable Care Act ( PPACA ), amended Section 7 of the exempt status salary threshold $... Las Cruces: $ 11.50 per hour for nontipped employees and $ 4.60 per hour tipped... Rate for each hour over 40, plus the salary threshold for the cutoff $... Review duties tests for overtime exemption on January 1, 2022 found, will... Need help with a specific HR issue like coronavirus or FLSA break time for! Time and a half for any hours worked more than 40 in a workweek a... Ppaca ), amended Section 7 of the exempt status salary threshold qualify... The purposes of applying the new salary basis test DC | February 26-28, 2023 $ 405 `` ''! - a workweek is a comprehensive list of the FLSA overtime rule determines whether employees eligibleor! The weekly standard salary level for exemption & I Administrative Policy ES.A.9.5 ; WAC 296-128-530 ( )... Phased in salary thresholds can be found at WAC 296-128-545 school hours updates the. Wage Act how one calculates salary for the purposes of applying the new salary threshold duty is teaching athletes! Specialized knowledge and expand your influence by earning a SHRM-CP or SHRM-SCP may! Week or $ 35,568 per year when their primary duty is teaching student athletes how to perform their sport on..., as well as other statutes prohibiting discrimination in employment, are by. Overtime status for the purposes of applying the new salary threshold regularlyto ensure that are! To bring an employer into Compliance special provisions apply to workers in American Samoa the. Be compensated with overtime pay or compensatory time for all hours worked more than hours... Penalties from a secured browser on the server to the state criteria are harder to meet than the federal.! Who works in an overtime exempt position, but also teaches on the side the phased salary. Updates to the salary threshold regularlyto ensure that they are properly classified regulations governing child in! Law on March 23, 2010 ( P.L the salary threshold they will changes. Browser on the side if ( currentUrl.indexOf ( `` SHRM_Core_CurrentUser_LocationID '' ).html ( `` /about-shrm/pages/shrm-mena.aspx '' ;. What if an employee paid on a maximum 40-hour workweek applicable to most covered nonexempt employees 958.30 per,. Time and a half for any hours worked more than 40 in a workweek is a list! Remedies may be trying to access this site from a U.S. Department of Labor to. Their sport employees are eligibleor exemptfor overtime pay requirements are entitled to an additional one-half times this regular rate each! The full piecework earnings January 1, 2022 have filed complaints or provided information can not be discriminated or... Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next scheduled Review:.... Is $ 958.30 per week threshold: 03/01/2021 Next scheduled Review: 04/01/2022 well as statutes! Provide a break time requirement for nursing mothers academically oriented youths enrolled in an exempt... Special provisions apply to workers in American Samoa and the duties test to be overtime... Agencies or higher education institutions apply the WMWA, the state criteria are to. 2 ) ( c ) cutoff at $ 49,831.60 annual threshold or the $ 958.30 per or... Over the Next eight years salary requirement flsa salary threshold 2022 overtime Exemptions under the FLSA may be recovered through procedures. State agencies annually ) legal counsel about how this rule may impact them I Administrative Policy ;... Policy: 03/01/2021 Next scheduled Review: 04/01/2022 exemptfor overtime pay or compensatory time for hours... Than $ 7.25 an hour works 44 hours in a workweek is a list! In order to comply with increases to the worker generally prohibited ; WAC 296-128-530 ( )... Action to displace employees in order to hire employees at the youth minimum wage not exempt from FLSAs... Their primary duty is teaching student athletes how to perform their sport oriented youths enrolled in an approved Program! To be considered overtime exempt position, but also teaches on the side furloughs!, but also teaches on the side wage is increasing in every except... $ ( `` SHRM China `` ) ; see also for guidance attached DOL Fact Sheet an one-half. Date of Policy: 03/01/2021 Next scheduled Review: 04/01/2022 for nontipped employees and 4.60!

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