"Generally speaking, increased minimum wage rates tend to go hand in hand with increased minimum salary requirements for exempt employees," Sheikh explained. "We expect to see some increases in the minimum salary threshold in some states, but these increases are likely to move at a much slower rate than the hourly minimum wages for nonexempt employees," he said. The employer may either charge the lesser meal allowance for every meal or charge the allowance applicable to where the employee ate the provided meal. Such an employer is required to pay the New York City Large Employer minimum wage rate. 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. Find more information from the DOLs Wage and Hour Division,which includes exempt salary information on: This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. with GovDocs Employment Law News. She noted thatshe led the effort to revamp the duties tests in 2004. Remainder of New York State For other places in New York State, effective Dec. 31, 2022, it's: $55,341 annually ($1,064.25 per week) Washington No. While the Fair Labor Standards Act sets a federal threshold for salaried (exempt) employees, several states have their own regulations. 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. The state's minimum wage is scheduled to increase on January 1, 2022 and varies based on employer size. 2022, employers must pay exempt EAP employees a rate at least equal to 1.75 times the state minimum wage of $14.49 an hour for a 40-hour workweek. Yes, every employer must provide notice by posting the applicable minimum wage poster. . To be considered "exempt," these employees must generally satisfy three tests: Note: There are also exemptions for outside sales and computer professional employees. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 2023: $54,132 2024: $62,920.L&I is using a multiplier of the state minimum wage to determine the minimum salary threshold.2. $(document).ready(function () { 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. Federal government websites often end in .gov or .mil. For example, New York's rates changed on Dec. 31, while California's new statewide rates took effect on Jan. 1. 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. McCutchen alsonoted that the DOL is regularly recovering double damagesor liquidated damagesonce again, after the Trump administration limited their use to when an employer acted in bad faith or willfully. Seenew exemption threshold. Employers may want to consult legal counsel about how this rule may impact them. 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. Although California's statewide COVID-19 supplemental paid-sick-leave law expired, Benjamin Ebbink, an attorney with Fisher Phillips in Sacramento, Calif., said employers could see a renewed push in the state Legislature to revive the benefit as the coronavirus pandemic continues. Wages may be paid in a variety of ways and can include incentive pay or commissions. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 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. Pennsylvania Medical Supply Company Agrees to $5 Million Settlement. California, meanwhile, also stipulates that exempt employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. An employer may charge an allowance per meal eaten by an employee. This blog does not provide legal, financial, accounting, or tax advice. ~$65,478.40 (2 x Minimum Wage, Employers with 51 or more Employees). The regular rate is determined by dividing gross earnings by the hours worked. [CDATA[/* >
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