The newly published FLSA regulations that become effective January 1, 2020, make the following changes: The weekly salary threshold level is raised from $455 per week ($23,660 per year) to $684 per week ($35,568 per year); The total compensation needed to exempt highly compensated employees is increased from $100,000 annually to $107,432 annually; However, at any age, minors may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business (except in mining, manufacturing or on hazardous jobs); or gather evergreens and make evergreen wreaths. Any employees who are not covered by the FLSA may be paid less than $7.25 an hour. The top employee benefits companies are focusing on Dive Insight: Plans to raise the FLSA white-collar exemption threshold have been in the works for more than a year. 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. 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. Maine Both federal law (Fair Labor Standards Act or FLSA) and state law (New York Minimum Wage Act and applicable regulations) generally require the payment of overtime wages for work performed after 40 hours per week. Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Workers who do not earn at least $35,568 a year ($684 a week) would have to be paid overtime, even if they're classified as a manager or professional. The special rule for highly compensated employees would require workers to earn a total annual compensation of at least $107,432 ($684 of which must be paid weekly on a salary or fee basis). However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. 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. A 3-year statute of limitations applies in cases involving willful violations. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours). 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. But employers in the state will still need to stay informed about movements at the federal level. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the salary. Minors 16 years and older may perform any job, whether hazardous or not, for unlimited hours; Minors 14 and 15 years old may perform any nonhazardous farm job outside of school hours; Minors 12 and 13 years old may work outside of school hours in nonhazardous jobs, either with a parents written consent or on the same farm as the parent(s); Minors under 12 years old may perform jobs on farms owned or operated by parent(s), or with a parents written consent, outside of school hours in nonhazardous jobs on farms not covered by minimum wage requirements. Currently, the FLSA's salary threshold is $35,568, but some states have a higher cutoff for exempt workers. It does not matter if the employee is working full-time or part-time. For all hours worked in excess of 40 during each work week, employees will receive overtime at the rate of one and one-half times the employees regular rate (WAC 357-28-260). Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors. The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. 2022 Governor's proposed supplemental budget, 2021 Governor's proposed supplemental budget, 2020 Governor's proposed supplemental budget, 2023-25 operating and transportation budget instructions, 2021-23 operating, transportation and capital budget instructions, Fiscal impact of ballot measures & proposed legislation, 2021 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Contact Facilities Oversight and Planning staff, Facilities Portfolio Management Tool (FPMT), Bill Enrollment and Agency Request System (BEARS), Results through Performance Management System (RPM), Fair Labor Standards Act (FLSA) & Washington Minimum Wage Act (WMWA), Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion. The list includes some special districts in states but does not include all of said districts. Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. The relevant inquiry is what the standard salary level is to qualify for exemption under state law. L&I also updated its EAP duties tests to more closely align with the federal standards. Visit Here. Washington Minimum Wage Act (WMWA) Q&A Learn about overtime and paid sick leave requirements in the WMWA . }); if($('.container-footer').length > 1){ An agency within the U.S. Department of Labor, 200 Constitution Ave NW Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The phased in changes will be effective January 1 of each subsequent year. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty. The new federal threshold, which took effect Jan. 1, 2020, is $684 a week ($35,568 a year). Visit Here. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. 5. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. Please log in as a SHRM member before saving bookmarks. It is up to the agency to apply the new salary basis test so that employees would switch from overtime eligible to overtime exempt mid-pay range. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Only employees who are not exempt from the FLSAs overtime pay requirements are entitled to breaks to express milk. If an employees tips combined with the employers direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. -1) { 111-148), amended Section 7 of the FLSA, to provide a break time requirement for nursing mothers. By 2028 the annual salary threshold will be $78,624.00. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Under this agreement, the regular rate will vary in overtime weeks. Before sharing sensitive information, make sure youre on a federal government site. Agencies or higher education institutions should contact their assigned Labor and Personnel or Education Division AAG. Employers with fewer than 26 employees must pay a salary of at least $1,120 in 2022 to qualify for the exemption. If the space is not dedicated to the nursing mothers use, it must be available when needed in order to meet the statutory requirement. The new rate will take effect Jan. 1, 2020. Also prohibited are partial displacements such as reducing employees hours, wages, or employment benefits. 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. 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