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. var currentUrl = window.location.href.toLowerCase(); An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorneys fees and court costs. 14. Also prohibited are partial displacements such as reducing employees hours, wages, or employment benefits. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. 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; Virtual & Washington, DC | February 26-28, 2023. Please log in as a SHRM member. 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. Unless exempt, employees covered by the Fair Labor Standards Act must receive at least time and one-half their regular pay rate for all hours worked over 40 in a workweek. Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. On December 31, 2021, the minimum wage is increasing in every region except New York City. 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. Updates would not be automatic and would continue to require notice-and-comment rulemaking. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages. Will seasonal employees be held to the $49,831.60 annual threshold or the $958.30 per week threshold? 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. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) administers and enforces the FLSA with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. What are the split-level pay ranges under the WMWAs new salary threshold? Employers who violate the child labor provisions of the FLSA may be subject to civil money penalties. Agencies are responsible for determining whether a workers job duties and salary meet the requirement to be overtime exempt under WMWA. All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. WAC 296-128-532. ]]>*/, New: Interactive Handy Reference Guide to the Fair Labor Standards Act (PDF), (For best printout, see the PDF version.) 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. You have successfully saved this page as a bookmark. Subscribe. Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). This is a very fact specific question that should be asked of your assigned Labor and Personnel or Education Division AAG. 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), Overtime eligible - documenting hours worked, Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion, Overtime Eligible - Documenting Hours Worked, executive, administrative, professional, computer and outside sales employees, One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. California's exempt salary threshold will rise along withthe state's minimum wage A monthly salary should be multiplied by 12 and the product divided by 52. Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws. whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or, is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises; a school for mentally or physically disabled or gifted children; a preschool, an elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or, their cash wages from one employer in calendar year 2010 are at least $1,700 (this calendar year threshold is adjusted by the Social Security Administration each year); or. Send request toState HRClassification and Compensation . Example: An employee paid on a piecework basis works 45 hours in a week and earns $405. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. Members can get help with HR questions via phone, chat or email. It does not matter if the employee is working full-time or part-time. $("span.current-site").html("SHRM China "); In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. 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. 18. personal information, including employees name, home address, occupation, sex, and birth date if under 19 years of age; total hours worked each workday and each workweek; total daily or weekly straight-time earnings; regular hourly pay rate for any week when overtime is worked; The Department is authorized to supervise the payment of unpaid minimum wages and/ or unpaid overtime compensation owed to any employee(s). ol{list-style-type: decimal;} Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. The new federal threshold, which took effect Jan. 1, 2020, is $684 a week ($35,568 a year). Piece rate - The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The site is secure. In lieu of litigation, the Department may seek back wages and liquidated damages, through settlements with employers. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. 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. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The California HR e-newsletter is a free monthly newsletter that provides the top California HR and employment law news, including updates on state and federal court decisions and analysis of state legislation and regulations. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. Employers are required to provide a reasonable amount of break time to express milk as frequently as needed by the nursing mother. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The proposal is expected to be issued in the near future. Further information on prohibited occupations is available from https://www.dol.gov/agencies/whd/youthrules. 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. To illustrate, suppose an employees hours of work vary each week and the agreement with the employer is that the employee will be paid $480 a week for whatever number of hours of work are required. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. 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). 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. To ensure your organization is aware of the latest minimum wage requirements, please check out our breakdown by state and locality. "We can expect to see more states proposing increased salary cutoffs in 2022 as a . An agency within the U.S. Department of Labor, 200 Constitution Ave NW Small entities wishing to comment on WHD enforcement activities may call 1-888-REG-FAIR (1-888-734-3247), or write the Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, SW, MC2120, Washington, DC 20416-0005, or visit the Ombudsmans internet website,www.sba.gov/ombudsman/. In no case may the regular rate be less than the minimum wage required by the FLSA. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? 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. 12. 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