McDonald said the pandemic has had more of an impact on state and local leave laws, such as expanded paid-sick-leave laws and covered reasons employees can take leave. While nearly every employer must pay the New York State minimum wage, there are some very specific exceptions, which only apply to certain employees or employees of public entities. Effective December 31, 2021, the statewide general minimum wage publishes industry-specific posters for use in compliance with this obligation. As a result, employers with 26 or more employees must pay a salary of at least $1,200 per week beginning January 1, 2022 to qualify for the exemption. Some changes will occur later in the year. If the employer makes deductions from an employees predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a salary basis. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. In 2022, employees in Washington must earn a salary of at least 1.75 times the minimum wage for a 40-hour workweek to qualify for exemption. 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;}'; 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. For example, as of Jan. 1, 2022, the state overtime exempt salary threshold was determined by multiplying the current state minimum wage by 1.75. 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. This year, employers should pay particular attention to minimum wage changes, higher salary requirements for exempt workers and COVID-19-related paid leave. federal court in Texas held to be invalid, set the salary threshold at $47,467 per year. Worker Adjustment and Retraining Notification (WARN), Non-Profitmaking Institutions, Public Agencies, and Children's Camps (PDF). Each of the three white-collar exemptions has slightly different criteria: The same advocates who called for a $73,551 annual salary threshold for the white-collar exemptions described the current duties tests as "toothless" and demanded tighter duties tests, McCutchen said. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 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. 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. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. 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. ol{list-style-type: decimal;} How high might it go? And with holidays and vacations, not to mention employees working remotely, its not unusual for matters to be put off until the new year or for a project or two to fall through the cracks. Moving Towards MOCRA Implementation: FDA Announces Industry DAO Deemed General Partnership in Negligence Suit over Crypto Hack IRS Updates Its List of Compliance Campaigns. Merrill said states to watch include Illinois, Massachusetts and Vermont. provide a subminimum wage for "an individual whose earning capacity is impaired by physical or mental deficiency, age, or injury." Next Steps: As of December 12, 2022, Alaska employers must pay workers with disabilities at least the state minimum wage of $10.34 per hour. The state's minimum wage increased on January 1, 2023. Santa Fe City: $12.31 per hour for nontipped employees. With the calendar turning to 2022, workers in over two dozen states and localities could see a pay increase as a result of legislation raising applicable minimum wage or exempt salary thresholds. Please purchase a SHRM membership before saving bookmarks. Federal Register :: Federal Acquisition Regulation: Exemption of However, the FLSA provides an exemption from minimum wage and overtime pay for employees who work as executive, administrative, professional and outside sales employees. If that amount were adjusted for inflation, it would nowbe $56,836 annually, McCutchen noted. Exempt salary threshold by state 2023 1-888-273-3274. The content on this blog is "as is" and carries no warranties. The minimum wage is based on where an employee performs work. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Changes in 2022 for the Salary Threshold for Washington Exempt Changes to Overtime Rules - Washington State Department of Labor The FLSA allows for exemptions from these overtime and minimum wage requirements for certain employees who work in administrative, professional, and executive jobs (known as "exempt" employees). The minimum wage rate in New York City is based on the size of the employer. McCutchen noted that industries particularly vulnerable to DOL enforcement efforts include: The department also focuses its enforcement efforts on the amusement industry; apparel manufacturing; auto repair establishments; child care services; guard services; hair, nail and skin care services; hotels and motels; janitorial services; landscaping services; and temporary help. What is the federal overtime salary threshold in 2023? - Homebase 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. 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. Merrill also noted that many employers are raising wages in response to labor shortages, "which cuts both ways in terms of what state legislatures might do," she said. Contact the USDOL at (866) 487-2365 for more information. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Under the federal rule, any administrative, executive or professional employee who earns less than this becomes eligible for overtime pay, regardless of actual duties, beginning January 1, 2020. anticipated proposed overtime rule would be issued in May rather than April, as the U.S. Department of Labor (DOL) originally forecast in Workers who customarily receive more than $100 per month in tips must still receive the minimum hourly wage in the City, so if they arent earning enough in tips the employer must pay them enough to make up the difference. The list does not include the city/county thresholds for California. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized). WA State threshold for OT exempt employees continues to rise in 2022 Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from Californias overtime requirements. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. For example, a New York City employer who employed more than 10 employees at any time in 2016 who does not employ more than 10 persons throughout 2017 will be considered a Small Employer in 2018 as long as it continues to employ no more than 10 persons. 2023 Epstein Becker & Green, P.C. Yes. "If you fail to ask whether someone could be exempt, you could be hit with penalties," she said. Yes. Overtime Rules Resources } It follows a similar method to California. For example, an artist paid $350 for a picture that took 20 hours to complete meets the minimum salary requirement since the rate would yield $700 if 40 hours were worked. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours. 2023 Exempt Status Salary Threshold by City and State McDonald noted that the current number of states that have a higher minimum salary threshold than the federal level is still small. The exempt salary thresholds in Alaska and Maine are also tied to the state minimum wage, although Alaska's minimum wage is not scheduled to change for 2022. All other marks are the property of their respective owners. COVID-19 Vaccination Leave Continues in 2022. Pipeline Safety Act Preemption with Keith Coyle [Podcast], OFCCP Implements New Disability Self-Identification Form. Under law and regulation, employers have always been required to keep true and accurate records of employees weekly hours worked, rates paid, and wages earned for hours worked. As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. The FAR threshold for alternatives to payment bonds at FAR 28.102 is currently $35,000; it was escalated twice, one in 2006 and again in 2015. Please log in as a SHRM member. All rights reserved. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
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