The content on this blog is "as is" and carries no warranties. French Insider Episode 21: Between Warring Giants: How European What Appellate Courts Are Missing About PAGA Standing After Viking New Antidumping and Countervailing Duty Petition on Non-Refillable After May 15, 2023, PERMs Must Be Filed Via DOLs FLAG System, Applying for an Emergency or Urgent Expedited U.S. Passport, UFLPA Enforcement Remains Work in Progress. Additionally, any decreased rates must be communicated to the employee prior to the performance of work at the lower rate of pay. Computer professionals who are paid hourly have their own schedule of estimated increases. Violations need not be repeat or willful for penalties to be available, McCutchen noted, but penalties are more likely if the violations are willful. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. Minimum Wages Are On the Rise in Several States. While the general rule is that overtime must be paid at time and a half of the regular rate, a limited exception allows certain employers to pay time and a half of the minimum wage rate. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Employees who work in the balance of the State (outside of New York City or Nassau, Suffolk and Westchester counties, other than Fast Food Workers) will reach $14.20 per hour on December 31, 2022. The Washington state overtime threshold for exempt jobs as of January 1, 2022 is set by state rule at 1.75 times the state minimum wage and will be $1,014.30 per week. "Generally speaking, increased minimum wage rates tend to go hand in hand with increased minimum salary requirements for exempt employees," Sheikh explained. var temp_style = document.createElement('style'); Beginning January 1, 2022, these employees must earn at least: $50 per hour (for all hours worked); or A monthly salary of $8,679.16; and An annual salary of $104,149.81. For example, 16 part-time employees count as 16 employees. To qualify for exemption, employees generally must be paid at not less than $684* per week on a salary basis. The state's minimum wage for 2023 is $15.74 an hour. Employers may provide separate notices for each region, job site, job title and pay rate, or the employer may include a listing of all rates on a single employee pay notice. On December 31 of each year, starting in 2021, the minimum wage for Group 5 will be increased at rates to be determined annually until the minimum wage reaches $15.00 per hour. The content and links on www.NatLawReview.comare intended for general information purposes only. Employers would be wise to confirm that their payroll and human resources departments in fact made the changes they needed to make to be ready to comply with the new state and local requirements. While the primary goal of the rule is to update the minimum salary-level requirement for white-collar exemptions, changes to the duties tests also will be considered, said McCutchen, who is astrategic advisor for New York City-based ComplianceHR. This change makes settlements harder to reach, McCutchen said. Additionally, rates may vary based on geographic location, employer size or industry, "so be sure to check state and local laws where you operate to ensure that you're following the applicable minimum wage," Whitman said. Departments Release Update on No Surprises Act Independent Dispute FY 2024 H-1B Registration Period Indicates 780,884 Registrations; A Look Back at Key Takeaways from RSA Conference 2023. 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. } Worker Adjustment and Retraining Notification (WARN), Non-Profitmaking Institutions, Public Agencies, and Children's Camps (PDF). The minimum wage is based on where an employee performs work. Employers with fewer than 26 employees must pay a salary of at least $1,120 in 2022 to qualify for the exemption. State: State: 2021 Minimum Wage: 2022 Minimum Wage: Arizona: $12.15: $12.80: California: $14 per hour . Beginning January 1, 2022, these employees must earn at least: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Employers may want to consult legal counsel about how this rule may impact them. That wage order covers industries other than hospitality and building services. Gov. "While the COVID-19 pandemic hasn't caused federal and state minimum wage rates to rise, both the pandemic and rising wage rates are adding pressure on employers to increase wage rates to address staffing shortages and attract and retain strong candidates," Sheikh said. At the moment, there is no increase for NYC, Long Island, and Westchester which have their own minimum salary threshold. Your session has expired. .manual-search ul.usa-list li {max-width:100%;} Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 2023 Epstein Becker & Green, P.C. 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;}'; Group 1: New York City Large Employers (employees who work in New York City for Fast Food Establishments and employers of 11 or more employees) New York City Large Employers will reach $15 on December 31, 2018;Group 2: New York City all others All other employees who work in New York City will reach $15 on December 31, 2019;Group 3: All other Fast Food On July 1, 2021, for all other Fast Food Workers throughout the state;Group 4: Downstate - On December 31, 2021, for all employees in Westchester, Nassau and Suffolk counties;Group 5: All others Employees who work in the balance of the State (outside of New York City or Nassau, Suffolk and Westchester counties, other than Fast Food Workers) will reach $13.20 per hour on December 31, 2021. The sizes of the putative classes have ranged from 75 to approximately 15,000 employees. Workers must be paid the minimum wage rate for their work location regardless of where the main office of their employer is located. The National Law Review is a free to use, no-log in database of legal and business articles. No. New York City's alary requirements for exempt employees is: $58,500 annually ($1,125 per week) That's also the threshold in Nassau, Suffolk, Westchester Counties, counties, N.Y. May 5, 2022 Under the Fair Labor Standards Act ("FLSA") employees must generally be paid at least federal minimum wage for all hours worked and overtime at a rate of one and a half times their "regular rate of pay" for all hours worked in excess of forty (40) hours in a workweek. 1305 Corporate Center Drive Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. As a result of the Colorado Overtime & Minimum Pay Standards Order, the minimum salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law increases to $865.38 per week on January 1, 2022. As a reminder, under the (FLSA), all employees must be paid at least minimum wage plus overtime for all hours worked. Ideology or Antitrust? Las Cruces: $11.50 per hour for nontipped employees and $4.60 per hour for tipped employees. Please confirm that you want to proceed with deleting bookmark. 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. 2023 Exempt Status Salary Threshold by City and State. State Law Updates Minimum Wage and Exempt Salary Threshold Increases. In 2021, the salary threshold for overtime was $684 a week, or $35,568 per year. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Minimum Wages Are On the Rise in Several States. Here are the highlights and what employers should be aware of to start the New Year. New Antidumping and Countervailing Duty Petition on Non-Refillable Steel Cylinders I-9 Verification and Compliance: Navigating New Nuances Post-COVID, Foreign Sponsors Breaking Into The Us Renewables Market: Challenges And Solutions, Labor and Employment Update for Employers May 2023, Global Mobility Opportunities And Challenges: How To Navigate A Global Workforce. Lastly, if computer professionals in Washington are paid on an hourly basis and meet the duties requirements, they must be paid at least $55.09 per hour to be considered exempt (3.5 times the states minimum wage). The changes are summarized below: To qualify for the administrative, professional, and executive exemptions in California, employees must meet certain salary and duties tests and must be paid at least twice the state minimum hourly wage based on a 40-hour week. Salary-Basis Test: New York generally follows federal rules for the salary-basis test. The DOL has instituted civil monetary penalties for violations of the Fair Labor Standards Act's (FLSA's) Isolated or inadvertent improper deductions will not result in loss of the exemption if the employer reimburses the employee for the improper deductions. Please enable scripts and reload this page. How high might it go? This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. In many cases, the state criteria are harder to meet than the federal criteria. . 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 15. NLRB Propounds Expansive List of Potential U.S. Executive Branch Update April 28, 2023, Compliance Update Insights and Highlights April 2023, Early 2023 Delaware Corporate and M&A Law Review, Tycko & Zavareei Whistleblower Practice Group. Employers should adjust their minimum exempt salary to $55,341 annually ($1,064.25 weekly) to reflect the increase that took effect December 31st, 2022 throughout the State. This page is available in other languages. Everyone raised their hands, but few attendees supported an increase of the salary threshold above $50,000 per year. In accordance with Public Health Law section 3614-f, effective October 1, 2022, the minimum wage for home health aides increased by $2 from the basic minimum hourly rates set forth in the miscellaneous wage order. To ensure your organization is aware of the latest minimum wage requirements, please check out our breakdown by state and locality. Note: In Colorado, an exempt employee's salary generally must also be sufficient to satisfy the minimum wage for all hours worked in a workweek. 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. 1-888-273-3274. Note: In Colorado, an exempt employees salary generally must also be sufficient to satisfy the minimum wage for all hours worked in a workweek. Under the states exemption for highly technical computer employees, the employee may be paid by salary (at least $865.38 per week in 2022) or by the hour (under a state proposal, the minimum hourly rate would be $28.92 in 2022). Former Wage and Hour Division Administrator Tammy McCutchen updated attendees of the SHRM Employment Law & Compliance Conference 2022about the salary threshold for white-collar exemptions in the proposed overtime rule due out soon. The beginning of the year is a good time for employers to audit their pay practices for compliance with federal, state and local wage and hour laws. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. National Law Review, Volume XII, Number 3, Public Services, Infrastructure, Transportation. 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). For existing contracts, the rate rose to $11.25 per hour on Jan. 1.

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