Youths 18 years or older may perform any job, whether hazardous or not, for unlimited hours; Minors 16 and 17 years old may perform any nonhazardous job, for unlimited hours; and. The overtime threshold is a salary level used to determine which employees are . The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. In many cases, the state criteria are harder to meet than the federal criteria. The Department may seek a U.S. District Court injunction to restrain violations of the law, including the unlawful withholding of proper minimum wage and overtime pay, failure to keep proper records, and retaliation against employees who file complaints and/or cooperate with the Department. Please purchase a SHRM membership before saving bookmarks. If the teaching activities are covered by the professional exemption then the employee is also exempt from paid sick leave coverage. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Everything HR professionals need to know about the FLSA salary threshold. Your session has expired. Please contact your assigned AAG for analysis. 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. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. As WHD authorized representatives, they conduct investigations and gather data on wages, hours, and other employment conditions in order to determine compliance with the law regardless of workers immigration status. Starting in 2021, the state salary threshold will exceed the federal threshold. 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. Need help with a specific HR issue like coronavirus or FLSA? Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next Scheduled Review: 04/01/2022 . The Department of Labor considers athletic coaches to qualify for the teacher exemption if they instruct student athletes in how to perform their sport. 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. Was this article useful? For employees with multiple appointment types with the same employer, it is sometimes unclear which position is their primary duty for purposes of determining exempt or nonexempt status. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. they work a total of more than 8 hours a week for one or more employers. The proposed minimum salary level for the Fair Labor Standards Act's executive, administrative and professional exemptions thus could be $913 per week or $47,476 per year, if not more, he predicted. Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution. } Employees who lack a high school diploma, or who have not attained the educational level of the 8th grade, can be required to spend up to 10 hours in a workweek engaged in remedial reading or training in other basic skills without receiving time and one-half overtime pay for these hours. The Federal Fair Labor Standards Act (FLSA) requires that employers pay most employees at least the federal minimum wage for each hour worked as well as overtime pay for all hours worked in excess of 40 in a workweek. 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. 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. Organizations still have to comply with increases to the state salary threshold. Under the WMWA, the standard salary threshold is higher and more favorable to the worker. In accordance with the provisions of the SBREFA, the Small Business Administration established a National Small Business and Agriculture Regulatory Ombudsman and 10 Regional Fairness Boards to receive comments from small entities about federal agency enforcement actions. For information regarding academic . Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. WAC 296-128-533(1)(a). The proposal is expected to be issued in the near future. 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. 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. The final rule is effective Jan. 1, 2020 and isestimated toextend overtime protections to more than one million workers who are not currently eligible under federal law. 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. The FLSA contains some exemptions from these basic standards. is time given to an employee in lieu of overtime pay for hours worked in excess of the established 40-hour workweek. For classified employees and those employees exempt from civil service the salary threshold discussed in question #1 should be applied in order to exempt the position. If you are represented, employers and employees should reviewcollective bargaining agreements for specific requirements concerning work period designations and overtime eligibility. To see minimum wage on a state-by-state basis, click here. The current minimum salary threshold sits at $35,568 annually, which was put into place at the start of 2020 following a lengthy process that began during the Obama administration. 3. The site is secure. On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers newly eligible for overtime pay. The current split level salary ranges are 40-51 on the general service salary schedules for represented employees under WFSE GG and HE WPEA & WFSE, Coalition. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. Will employees have to meet both the threshold salary test AND the duties test to be considered overtime exempt under the WMWA? .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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 Under federal law, the total annual compensation level for highly compensated employees is $107,432 per year. All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. While details of the 2022 proposed changes are forthcoming, organizations should prepare now to address pending challenges and associated opportunities. Changes to the standard salary level to exempt EAP employees from WMWA overtime requirements are effective January 1, 2021. Under FLSA, the standard salary threshold is $684 per week or $35,568 per year. Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. Please enable scripts and reload this page. Before sharing sensitive information, make sure youre on a federal government site. This is a very fact specific question that should be asked of your assigned Labor and Personnel or Education Division AAG. $50,000 per year ($961.54 per week) If highly technical computer professionals are paid on an hourly basis and meet the duties requirements, they must be paid at least $31.41 per hour It's also worth noting that Colorado's standard threshold will increase in 2024, with an indexed increase slated for 2025. p.usa-alert__text {margin-bottom:0!important;} The final rule is effective Jan. 1,2020. In farm work, permissible jobs and hours of work, by age, are as follows: Minors of any age may be employed by their parents in any occupation on a farm owned or operated by their parents. What is the salary requirement for part-time salaried workers? Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. .manual-search ul.usa-list li {max-width:100%;} var temp_style = document.createElement('style'); Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. Employees who make less than $35,568 are now eligible for overtime pay under a final rule issued by the U.S. Department of Labor (DOL). The location provided must be functional as a space for expressing breast milk. 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;}'; $('.container-footer').first().hide(); 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; .h1 {font-family:'Merriweather';font-weight:700;} Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods. The states minimum wage is scheduled to increase on January 1, 2022 and varies based on employer size. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. [CDATA[/* >