Need help with a specific HR issue like coronavirus or FLSA? DOL Is Seeking Liquidated Damages and Civil Penalties. Beginning January 1, 2022, these employees must earn at least: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Federal Register :: Federal Acquisition Regulation: Exemption of However, "do not think, 'I'm not on the list, I'm fine,' " she cautioned. Double Secret Probation! For example, 16 part-time employees count as 16 employees. Need help with a specific HR issue like coronavirus or FLSA? } .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} This blog does not provide legal, financial, accounting, or tax advice. In Washington, employees must satisfy certain salary and duties tests to be classified as exempt from overtime under state law. Information about commissions or other payments may be found by downloading. 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. At the end of last year, more than 100 unions and advocacy groups called on the DOL to raise the salary threshold for exempt workers to $73,551 per year and to $82,745 annually by 2026. 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. Additionally, 5 states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. While a federal judge has Subscribe to our blog for the latest employment law news. 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. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} } 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. If an employee is covered by both federal and state law but doesn't meet both sets of tests, employers should consult with counsel to determine how they should classify the employee in that particular situation. Please log in as a SHRM member. NYS Exempt Employee Salary Threshold Increases 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. The state's minimum wage increased on January 1, 2023. 2022 Minimum Wage and Salary Threshold Changes by State and Locality NLRB Propounds Expansive List of Potential U.S. Executive Branch Update April 28, 2023, Compliance Update Insights and Highlights April 2023, Early 2023 Delaware Corporate and M&A Law Review, Tycko & Zavareei Whistleblower Practice Group. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. Other statesincluding Colorado, New . An employer may charge an allowance per meal eaten by an employee. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Employers with fewer than 26 employees must pay a salary of at least $1,120 in 2022 to qualify for the exemption. Exempt Employees: Minimum Salary Requirements for 2022 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. Congress is considering the Raise the Wage Act, which would increase the federal pay floor to $15 an hour by 2025. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} To be classified as exempt from overtime under state law, administrative, professional, and executive employees must satisfy certain salary and duties tests and receive a salary that exceeds 3000 times the state minimum wage. You can find more answers to questions about these exemptions. The department defined willfulness as 1) failing to follow advice from the Wage and Hour Division that conduct is not lawful or 2) failing to adequately inquire aboutwhether the conduct is in compliance with the FLSA. Please purchase a SHRM membership before saving bookmarks. "Where appropriate, employers may need to raise salaries for exempt employees or reclassify them as nonexempt," said Saima Sheikh, an attorney with BakerHostetler in New York City. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. var currentUrl = window.location.href.toLowerCase(); Beginning January 1, 2022, these employees must earn at least: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Santa Fe City: $12.31 per hour for nontipped employees. Any business that (1) employs one or more employees in New York City, and (2) has employed more than 10 employees at any time during the current or prior calendar year and among all worksites. L&I now uses a multiplier of the state minimum wage to determine the minimum salary threshold. While the primary goal of the rule is to update the minimum salary-level requirement for white-collar exemptions, changes to the duties tests also will be considered, said McCutchen, who is astrategic advisor for New York City-based ComplianceHR. This fact sheet provides information on the salary basis requirement for the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Minimum Wages Are On the Rise in Several States. The .gov means its official. $('.container-footer').first().hide(); The employer will lose the exemption if it has an actual practice of making improper deductions from salary. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Keep Informed 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. The Trump administration's 2020 overtime rule raised the salary threshold to $35,568 per year. Please log in as a SHRM member before saving bookmarks. "That's high," McCutchen noted. Opponents of raising minimum wages might argue that the market is doing its job, while supporters might say that the pandemic has emphasized the importance of paying a living wage. Overtime Rules Resources 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. $("span.current-site").html("SHRM MENA ");
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