Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. What are the split-level pay ranges under the WMWAs new salary threshold? The salary shall not be subject to deduction because of various in quantity or quality of the work performed, subject to exceptions in WAC 296-128-532(3). In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. 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. Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution. Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors. 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. 3. Employees have to meet both the threshold salary test and the duties test to be considered overtime exempt. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employers business. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours). This is a very fact specific question that should be asked of your assigned Labor and Personnel or Education Division AAG. In many cases, the state criteria are harder to meet than the federal criteria. The records do not have to be kept in any particular form and time clocks need not be used. 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. The list does not include the city/county thresholds for California. 541.710(a). TheStateHuman Resources Division(HR) is available to review work period designations for positions in your agency. var currentUrl = window.location.href.toLowerCase(); 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. 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. The standard salary level for exemption is $958.30 per week ($49,831.60 annually). 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. Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment. 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. Need help with a specific HR issue like coronavirus or 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;} Employees considered exempt from WMWAs overtime requirements must meet both the threshold salary test (using the new increased salary basis threshold above in question #1) and the duties test of a particular position. Direct any questions you may have to classandcomp@ofm.wa.gov and reach out to your assigned Assistant Attorney General. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. 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. Non-exempt Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry (where safety and health hazards are not involved). Exemptions from Both Minimum Wage and Overtime Pay. An agency within the U.S. Department of Labor, 200 Constitution Ave NW The exemptions do not apply to manual laborers or other "blue-collar" workers who perform work involving repetitive operations with their hands, physical skill and energy. vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific. Visit Here. Special salary levels would apply to certain U.S. territories and an updated base rate would apply to employees in the motion-picture industry. 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. Will employees have to meet both the threshold salary test AND the duties test to be considered overtime exempt under the WMWA? What's the Overtime Threshold? Please enable scripts and reload this page. Under the states exemption for highly technical computer employees, the employee may be paid by salary (at least $865.38 per week in 2022) or by the hour (under a state proposal, the minimum hourly rate would be $28.92 in 2022). 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 overtime threshold is a salary level used to determine which employees are . Any employees who are not covered by the FLSA may be paid less than $7.25 an hour. 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 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. Does L&I hold the same opinion under the WA Minimum Wage Act? How do we perform a salary test for staff who work in cyclic-year positions? -1) { For all hours worked in excess of 40 during each work week, employees will receive overtime at the rate of one and one-half times the employees regular rate (WAC 357-28-260). All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 in a workweek. Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. 25 states are raising their minimum wage in 2022. Join/Renew Now and let SHRM help you work smarter. 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;}'; However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. 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. In addition to the salary, half the regular rate, or $4.80, is due for each of the 10 overtime hours, for a total of $528 for the week. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Detailed information is available from local WHD offices. Should higher education institutions apply the WMWA criteria in the same manner as state agencies? In non-farm work, the permissible jobs and hours of work, by age, are as follows: Fourteen is the minimum age for most non-farm work. Filing a comment with the Ombudsman neither extends the maximum time period for contesting the assessment of a penalty, nor takes the place of filing the response required to secure an administrative hearing on a penalty. Members can get help with HR questions via phone, chat or email. 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. In addition, the FLSAs general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies. 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. TheFair 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. 16. For non-represented positions WAC 357-28-245 requires general government employers to get OFM approval when changing a positions overtime eligibility designation from overtime eligible to overtime exempt. Sample language And, what is the overtime status of an employee who works in an overtime exempt position, but also teaches on the side? invited to join. Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). If your agency would like to change the work period designation from overtime eligible to overtime exempt or lawenforcementyou must request approval fromStateHR. 9. Among these are: More detailed information on the FLSA and other laws administered by WHD is available by calling our toll-free help line 1-866-4US-WAGE (1-866-487-9243). The phased in changes will be effective January 1 of each subsequent year. In 2021, the salary threshold for overtime was $684 a week, or $35,568 per year. But employers in the state will still need to stay informed about movements at the federal level. Beginning January 1, 2022, these employees must earn at least: $50 per hour (for all hours worked); or A monthly salary of $8,679.16; and An annual salary of $104,149.81. WAC 296-128-533(1)(a). The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. $("span.current-site").html("SHRM MENA "); Such training and the training must not be discriminated against or discharged on account such. Specific items, click on the reuse permissions button on the page you!, businesses must meet the threshold salary test for staff who work cyclic-year... Or FLSA change the work period designations for positions in your agency week ( $ 480 by! Meet the threshold most favorable to employees in order to hire employees at youth... Spent in such training and the duties test to be considered overtime exempt the. Assigned Assistant Attorney General or FLSA SHRM Employment law & Compliance Conference, Dont Forget to review work period for... 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