How high might it go? Minimum Wage Frequently Asked Questions | Department of Labor The employer may either charge the lesser meal allowance for every meal or charge the allowance applicable to where the employee ate the provided meal. She noted thatshe led the effort to revamp the duties tests in 2004. } On December 31, 2022, the state minimum weekly salary for administrative and executive employees will range from $1064.25 per week for employees in New York State, to $1,125.00 per week for employees who work in Nassau, Suffolk and Westchester counties and in New York City for any size employer and Fast Food Establishments. Currently, the FLSA's salary threshold is $35,568, but some states have a higher cutoff for exempt workers. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. To request permission for specific items, click on the reuse permissions button on the page where you find the item. . PDF Detailed Look at State, Local and Federal Updates Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. Oregon Paid Family Medical Leave Update 2023, April Showers Bring May Flowers: Infographic, Los Angeles Fair Work Week Poster Released, GovDocs Goes Green with Eco-Friendly 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. In general, employers who are covered by both state and federal laws must pay employees the higher rate, whether it is the minimum wage or the weekly minimum salary. Federal government websites often end in .gov or .mil. The employer will lose the exemption if it has an actual practice of making improper deductions from salary. Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements. For example, New York's rates changed on Dec. 31, while California's new statewide rates took effect on Jan. 1. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. Copies of the posters are available. United States: SEC Staff Finds Safeguarding Policies and Procedures Value Billing and Its Importance for Law Firms, SEC Steps up Oversight of Crypto Exchanges. To qualify for the exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis of not less than $684 per week ($35,568 annually). "Think about your pay practices as a [Department of Labor] investigator would.". Lastly, exempt salary thresholds are also increasing in some states. Due to an increase in the state's minimum wage, the minimum salary required for the administrative, professional, and executive exemptions from overtime under state law will increase to $735.59 per week on January 1, 2022. Other statesincluding Colorado, New . 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. As a result, the minimum salary required for the executive and administrative exemptions will increase on December 31, 2021 as follows: Note: There is also a professional exemption under state law. As mentioned above, to qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis. And $16.20 per hour for the remainder of New York State, effective December 31, 2022. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Underpaying employees, or misclassifying them, because adjustments fell through the cracks during all of the end-of-year activities is likely to get very little sympathy from employees and just as little from the courts and from the state and local agencies that address wage-hour complaints. .h1 {font-family:'Merriweather';font-weight:700;} Most employees, regardless of their rate or method of payment, must be paid overtime after 40 hours of work per week. For example, the Massachusetts Emergency COVID-19 Paid Sick Leave Law was extended through April 2022. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. However, no exemption from the state's minimum wage is available. In accordance with Public Health Law section 3614-f, effective October 1, 2022, the minimum wage for home health aides increased by $2 from the basic minimum hourly rates set forth in the miscellaneous wage order. Additionally, 5 states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. The U.S. Department of Labor outlines the categories and the tests that must be met under the federal FLSA. Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. The minimum wage will be phased in to reach $15.00 for the following groups on the dates set forth below. You have successfully saved this page as a bookmark. Employers Should Review Their Pay Practices for the New Year - SHRM $("span.current-site").html("SHRM MENA "); Keep Informed The sizes of the putative classes have ranged from 75 to approximately 15,000 employees. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Employers may pay the higher uniform maintenance allowance for the week or they may choose to prorate the allowance for the number of hours worked in each region. Overtime Update: Changes to The Virginia Overtime Wage Act and The Fair All rights reserved. New Minimum Wage Increases and Revised Exempt Salary Thresholds Yes. Yes, every employer must provide notice by posting the applicable minimum wage poster. It follows a similar method to California. NYS Exempt Employee Salary Threshold Increases Minimum Salary Thresholds for Executive, Administrative, and As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Please confirm that you want to proceed with deleting bookmark. California Supreme Court Lets It Stand That CDTFA Can Decide Who Is OFCCP Requires Federal Contractors to Implement Revised Voluntary DOJ Targets Health Care Fraud Schemes Exploiting COVID-19 Pandemic In EPA has issued an "order" permitting continued PFAS Montana and Tennessee Could Become Eighth and Ninth States to Enact Hunton Andrews Kurths Privacy and Cybersecurity. Merrill said states to watch include Illinois, Massachusetts and Vermont. McCutchen alsonoted that the DOL is regularly recovering double damagesor liquidated damagesonce again, after the Trump administration limited their use to when an employer acted in bad faith or willfully. As a reminder, under the (FLSA), all employees must be paid at least minimum wage plus overtime for all hours worked. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. In order for an exemption to apply, an employees specific job duties and salary must meet all the requirements of the Departments regulations. Former Wage and Hour Division Administrator Tammy McCutchen updated attendees of the SHRM Employment Law & Compliance Conference 2022 about the salary threshold for white-collar exemptions in the . 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. The FAR threshold for performance and payment bonds at FAR 28.102 had one escalation adjustment in 2010, which raised the threshold by $50,000 from $100,000 and has since remained unchanged. National Law Review, Volume XII, Number 3, Public Services, Infrastructure, Transportation. Federal law establishes a minimum salary of $684 per week for the professional exemption. Please log in as a SHRM member. GovDocs, Inc. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. While the Fair Labor Standards Act sets a federal threshold for salaried (exempt) employees, several states have their own regulations. . Although the federal rate remains $7.25 for now, the Department of Labor recently issued new minimum wage rates for employees who perform work in connection with federal contracts. Subscribe to our blog for the latest employment law news. So far there have been no changes for 2022. The list does not include the city/county thresholds for California. Exempt Employees: 2023 Minimum Salary Requirements Any such catch-up payment will count only toward the prior years salary amount and not toward the salary amount in the year in which it is paid. 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;}'; This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours. [SHRM members-only HR Q&A:What are the federal, state and local minimum wage rates?]. Changes to Overtime Rules - Washington State Department of Labor California Expands CalSavers/Retirement Plan Requirement to All Employers 25 states are raising their minimum wage in 2022. New York States salary threshold is usually higher than the federal threshold, and that will remain the case if the federal courts continue to block the planned federal increases. The new state minimum wage for 2023 is $15.74 an hour. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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 the computer professional employee exemption, the employee may be paid by salary (as long as it is at least $684 per week) or by the hour (as long as it is at least $27.63 per hour). New salary threshold implementation schedule Threshold phase-in schedule for computer professionals paid hourly Understanding the job duties tests Changes in 2022 for the Salary Threshold for Washington Exempt
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