$("span.current-site").html("SHRM MENA "); To see minimum wage on a state-by-state basis, click here. To be classified as exempt from overtime under state law, administrative, professional, and executive employees must satisfy certain salary and duties tests and receive a salary that exceeds 3000 times the state minimum wage. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} You have successfully saved this page as a bookmark. 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. Send request toState HRClassification and Compensation . The performance of certain types of work in an employees home is prohibited under the law unless the employer has obtained prior certification from DOL. You are highly encouraged to take a close look not only at the salary, but at whether the position duties meet the job duties test under L&Is rules. If you are represented, employers and employees should reviewcollective bargaining agreements for specific requirements concerning work period designations and overtime eligibility. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). This salary threshold would not apply to individuals whose primary duty is teaching, and there are other specialized rules that apply in the higher education settings. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Members can get help with HR questions via phone, chat or email. Overtime must be paid at a rate of at least one and one-half times the employees regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. 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. Split level pay ranges are salary ranges in which the new WMWA salary threshold falls somewhere in the current salary range. WHD does not consider filing of a comment with the Ombudsman as a factor in determining how to resolve issues raised during a compliance action. 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. In Washington, employees must satisfy certain salary and duties tests to be classified as exempt from overtime under state law. The following is a comprehensive list of the exempt status salary threshold by state. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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 your agency would like to change the work period designation from overtime eligible to overtime exempt or lawenforcementyou must request approval fromStateHR. 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. All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. WAC 296-128-533(1)(a). Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. By 2028 the annual salary threshold will be $78,624.00. Many states have their own salary and duties tests for determining whether an employee is exempt from overtime under state rules. 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. } .manual-search ul.usa-list li {max-width:100%;} Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, computer and outside sales employees. Employees could switch from overtime eligible to overtime exempt once their salary exceeds the new salary threshold, provided employees duties also meet the WMWA exemption criteria. Everything HR professionals need to know about the FLSA salary threshold. It may begin on any day of the week and at any hour of the day established by the employer. Please purchase a SHRM membership before saving bookmarks. Albuquerque: $11.50 for employees without medica/childcare benefits, $10.50 for employees with medical/childcare benefits, and $6.90 for tipped workers, effective 1/1/2022. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch. What are the split-level pay ranges under the WMWAs new salary threshold? 10. After the Trump administration started the rulemaking process anew, in September 2019, DOL issued a new final rule raising the minimum salary level required for exemption from $23,660 annually to $35,568 annually. .manual-search ul.usa-list li {max-width:100%;} If in the future the employer requires a furlough of less than one week, it will destroy the salary basis for that workweek if the employee performs work. For more information, see WAC 357-28-240. 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;}'; The minimum salary threshold for individuals to be exempt from overtime will increase from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { ol{list-style-type: decimal;} 25 states are raising their minimum wage in 2022. var temp_style = document.createElement('style'); 13. Who should you contact regarding agency or higher education institution specific questions? And, what is the overtime status of an employee who works in an overtime exempt position, but also teaches on the side? What is the Fair Labor Standards Act? L&I also updated its EAP duties tests to more closely align with the federal standards. The new proposal is likely to be issued in the near future and could be issued as early as this month. HR professionalsmust knowhow to determine overtime eligibilityfor each employee. 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. Generally, a 2-year statute of limitations applies to the recovery of back wages and liquidated damages. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Was this article useful? In addition to the straight-time pay, the employee is also entitled to $4.50 (half the regular rate) for each hour over 40 - an additional $22.50 for the 5 overtime hours - for a total of $427.50. More detailed information is available by calling 1-800-669-4000 or visitingwww.eeoc.gov. For academic employees, consult your assigned AAG about whether the new salary basis threshold applies. Federal law establishes a minimum salary of $684 per week for the professional exemption. Under a special provision, youths 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days (including during school hours). A monthly salary should be multiplied by 12 and the product divided by 52. One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. Also prohibited are partial displacements such as reducing employees hours, wages, or employment benefits. Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. 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. If an agency has already determined that a position meets the exemption criteria and there have been no substantive changes to the position duties since it was last reviewed, is there any reason why the agency would need to review it again before changing the employee to overtime exempt once they reach the salary threshold? /*-->*/, New: Interactive Handy Reference Guide to the Fair Labor Standards Act (PDF), (For best printout, see the PDF version.) 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