These require careful research, and consultation with an HR attorney is even more important in cases like these. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Such employees who meet the duties requirements must be paid a salary of at least $112,065.20 annually or $53.80 per hour to be considered exempt. Thus, it is expected that courts will interpret the PMWA's EAP exemptions by reference to how the EAP exemptions were defined under the FLSA in 1968. The following is a comprehensive list of the exempt status salary threshold by state. For an employee to be classified as exempt, they must be salaried at or above a minimum level, and their job duties must be categorized as such under FLSA. California, meanwhile, also stipulates that exempt employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. $(".drupal-dropdown").removeClass("expanded"); Heres everything you need to know about New Yorks minimum salary for exempt employees in 2022. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} For employees regularly working over 40 hours a week,you dont have to pay overtime, and you can give those employees more flexibility. The minimum salary for exempt employees in New York City remains at $1,125 per week or $58,500 per year. New York City has the highest minimum wage requirements, and other parts of New York are working to match the Citys existing requirements. Requirements to Participate in the H-2B Program, Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues, Internship Programs Under The Fair Labor Standards Act, Employment & Wages Under Federal Law During Natural Disasters & Recovery, Major Disaster Claims Adjusters Under the Fair Labor Standards Act, FLSA Protections for Employees to Pump Breast Milk at Work, Employment of Youth in Roofing Occupations and On Roofs under the FLSA, Car Wash and Auto Detailing Establishments Under the Fair Labor Standards Act (FLSA), Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), Protection for Individuals under the FMLA, Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), Retaliation Prohibited under the H-2A Temporary Visa Program, Corresponding Employment Under the H-2B Program, Recruiting Requirements under the H-2B Program, Deductions and Prohibited Fees under the H-2B Program, Job Hours and the Three-Fourths Guarantee, Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees under the H-2B Program, Disclosure of the Job Order and Notice of Worker Rights under the H-2B Program, Retaliation Prohibited under the H-2B Temporary Visa Program, Record Retention Requirements under the H-2B Program, Employer Obligations Under the Temporary H-2B Visa Cap Increase for the Period April 1, 2022 to September 30, 2022, Private Home and Domestic Service Employment Under the Fair Labor Standards Act, Companionship Services Under the Fair Labor Standards Act (FLSA), Live-in Domestic Service Workers Under the Fair Labor Standards Act (FLSA), Recordkeeping Requirements for Individuals, Families, or Households Who Employ Domestic Service Workers Under the Fair Labor Standards Act (FLSA), Hours Worked Applicable to Domestic Service Employment Under the Fair Labor Standards Act (FLSA), Paid Family or Household Members in Certain Medicaid-Funded and Certain Other Publicly Funded Programs Offering Home Care Services Under the Fair Labor Standards Act (FLSA), Application of the Fair Labor Standards Act to Shared living Programs, including Adult Foster Care and Paid Roommate Situations, The Prohibition against Shipment of Hot Goods Under the Fair Labor Standards Act, Fluctuating Workweek Method of Computing Overtime Under the Fair Labor Standards Act (FLSA) / Bonus Rule Final Rule, Establishing a Minimum Wage for Contractors Under Executive Order 13658, Raising the Minimum Wage for Contractors Under Executive Order 14026, Construction Industry, Construction Workers, Construction Employees, Construction Employers, Restaurants and Fast Food Establishments, Tips, Tipped Workers, Tipped Employees, Tip Credit, Restaurant Employers, Employing Youth in Restaurants, Youth, minor, child, children, kid, teen, fast food, school, hazardous, restrictions, cook, server, waitress, host, work-study, customer service, barista, Professional Offices, Specialized, skill, qualified, expert, white-collar, office, learned profession, expert, exempt, overtime. /*-->*/. $(document).delegate(".drupal-drop-button", "click", function (event) { .manual-search-block #edit-actions--2 {order:2;} else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
If you live in a county with a special exempt threshold and do not see it listed, visit your district Department of Labor website to obtain accurate information. Visit Here. . In Maine, an exempt employees regular annual compensation must exceed 3,000 times the states minimum hourly wage or federal rate (whichever is higher). New York Citys alary requirements for exempt employees is: Thats also the threshold in Nassau, Suffolk, Westchester Counties, counties, N.Y. For other places in New York State, effective Dec. 31, 2022, its: Washington State also updated its requirements Jan. 1, 2023. Minimum Wages Are On the Rise in Several States. Theres more that goes into an exemption than pay, so read this article to learn more! const urlParams = new URLSearchParams(queryString); Tom Wolf vetoed their resolution disapproving the final rule on May 29, 2020, and the first increase (which aligned the PMWA salary threshold with its federal Fair Labor Standards Act (FLSA) counterpart) took effect as scheduled on Oct. 3, 2020. The new proposal is likely to be issued in the near future and could be issued as early as this month. Common examples of learned exempt professional job duties fall under jobs like doctors, dentists, and teachers. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. To request permission for specific items, click on the reuse permissions button on the page where you find the item. The PMWA exempts employees in "a bona fide executive, administrative, or professional capacity as such terms are defined and delimited from time to time by regulations of the secretary ."Since 1977, those regulations have been set forth in 34 Pa. Code 231.82 (executive), 231.83 (administrative), and 231.84 (professional). Please log in as a SHRM member. In general, when a Pennsylvania statute tracks the language of an existing federal statute, Pennsylvania courts will consider federal authority that existed at the time of the state law enactment. 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 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. When recruiting, must an employer use procedures that meet industry-wide standards? 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. Consequently, too many search terms may yield no results. 2021 HerLawyer.com. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. 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,. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Need help with a specific HR issue like coronavirus or FLSA? 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;}';
For the executive . Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. #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;} $(".drupal-dropdown").removeClass("expanded"); Employers with 26 or more employees: $62,400 per year. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and, Police, Fire Fighters, Paramedics & Other First Responders. SHRM Employment Law & Compliance Conference, Pennsylvania Repeals Rule Increasing Exempt Salary Threshold, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, How to Handle Overtime, Meal Break and Other Wage and Hour Crises, Pennsylvania Drops Degree Requirements for State Jobs. At that time, DOL proposed upping the minimum salary threshold from $23,660 a year to $50,440 a year, an increase of 113%, with additional increases in subsequent . If you are interested in learning more about non-exempt employees, check out Eddys HR Encyclopedia article here. As of 2022, the minimum salary for exempt Long Island and Westchester employees is $1,125 per week or $58,500 per year. /*-->*/. 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