Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. 13. Who should you contact regarding agency or higher education institution specific questions? Effective January 1, 2021 the Washington State Department of Labor & Industries (L&I) increased the weekly standard salary level required to exempt executive, administrative or professional (EAP) employees from Washington States overtime pay requirements. 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. 9. Your session has expired. The new salary threshold is $958.30 per week meaning that if the position calls for the employee to work 40 weeks out of the year, then the ability to exempt the position from WMWA would depend on whether or not the employees weekly salary exceeds $958.30 per week. Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production. The FLSA and the State Minimum Wage Act exempt employees who work in a bona fide executive capacity from the overtime pay requirements. Nondiscretionary bonuses and incentive . Overtime must be paid at a rate of at least one and one-half times the employees regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. 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. Santa Fe City: $12.31 per hour for nontipped employees. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. Only employees who are not exempt from the FLSAs overtime pay requirements are entitled to breaks to express milk. 16. 541.710(a). For those who have access to the Internet, further information may also be obtained on WHDs Internet Home Page which can be located at the following address:www.dol.gov/agencies/whd. The FLSA allows the Department of Labor (Department) or an employee to recover back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist. Agencies or higher education institutions should contact their assigned Labor and Personnel or Education Division AAG. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek. Where violations are found, they will recommend changes in employment practicesin employment practices to bring an employer into compliance. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. What is the Fair Labor Standards Act? To be properly classified as "exempt" under the FLSA, an employee must satisfy both the salary and duties tests. Please enable scripts and reload this page. And, what is the overtime status of an employee who works in an overtime exempt position, but also teaches on the side? L&I also updated its EAP duties tests to more closely align with the federal standards. 1/1/2022. -1) { Further information on prohibited occupations is available from https://www.dol.gov/agencies/whd/youthrules. } Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. 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 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. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. The answer to this question is fact-specific and requires analysis of the positions primary duties under the administrative exemption of WMWA. 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"). 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. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from co-workers and the public. 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. Due to an increase in the states 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. An employee whose primary duty is in an overtime eligible position will carry that eligibility over to the nonexempt assignment, while an employee whose primary duty is in an overtime exempt position can perform work that would be overtime eligible without losing the exemption. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Las Cruces: $11.50 per hour for nontipped employees and $4.60 per hour for tipped employees. 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. The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. For hourly computer professionals, L&Is new salary threshold is $47.92 per hour. The phased in salary thresholds can be found at WAC 296-128-545. Example: An employee paid $8.00 an hour works 44 hours in a workweek. 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. As a result, the minimum salary required for the executive, administrative, and professional exemptions from overtime under state law increases to $1,014.30 per week on January 1, 2022. The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. The Department of Labor considers athletic coaches to qualify for the teacher exemption if they instruct student athletes in how to perform their sport. When state and federal thresholds conflict, businesses must meet the threshold most favorable to employees. Please log in as a SHRM member. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? .manual-search ul.usa-list li {max-width:100%;} And employers had the option of . All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. By 2028 the annual salary threshold will be $78,624.00. } .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. The site is secure. To be classified as exempt from New Yorks overtime requirements, executive and administrative employees must meet minimum salary requirements and satisfy certain duties tests. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour. These penalties may be increased for each violation that results in the death or serious injury of an employee who is a minor, and may be doubled if the violation was determined to be willful or repeated. Does L&I hold the same opinion under the WA Minimum Wage Act? } A 3-year statute of limitations applies in cases involving willful violations. TheStateHuman Resources Division(HR) is available to review work period designations for positions in your agency. 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. So far there have been no changes for 2022. $("span.current-site").html("SHRM China "); Nonexempt employeesmust be paid time and a half for any hours worked more than 40 in a workweek. Need help with a specific HR issue like coronavirus or FLSA? 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. Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal threshold. [CDATA[/* >