Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Employers may want to consult legal counsel about how this rule may impact them. A new rate increase will be announced and be effective on July 1, 2022. Agencies or higher education institutions should contact their assigned Labor and Personnel or Education Division AAG. 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. Exempt computer employees may be paid at least $684 * on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next Scheduled Review: 04/01/2022 . This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. If the persons pay is tied to the amount of time (i.e., the quantity) that they work, they are hourly employees and overtime eligible because they are not being paid on a salary basis pursuant to WMWA rules. Please confirm that you want to proceed with deleting bookmark. A new rate increase will be announced and be effective on July 1, 2022. $35,568 (Current Federal) N/A. } The FLSA (Fair Labor Standards Act) employment law requires all employers to give eligible (or "non-exempt") workers at least the minimum wage for hours worked. regardless of what happens to the now-blocked federal overtime rule. It does not matter if the employee is working full-time or part-time. On December 31, 2021, the minimum wage is increasing in every region except New York City. So far there have been no changes for 2022. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 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? Changes to the standard salary level to exempt EAP employees from WMWA overtime requirements are effective January 1, 2021. 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. 1/1/2022. RCW 49.46.010(3)(c). Note: In Colorado, an exempt employees salary generally must also be sufficient to satisfy the minimum wage for all hours worked in a workweek. Currently, the salary threshold for the professional exemptions is $684 per week, which equates to $35,578 per year. $12.00. L&I also updated its EAP duties tests to more closely align with the federal standards. Pay for the week would be $320 for the first 40 hours, plus $48.00 for the four hours of overtime - a total of $368.00. Workweek - A workweek is a period of 168 hours during 7 consecutive 24-hour periods. Virtual & Washington, DC | February 26-28, 2023. The employee is entitled to at least one and one-half times $8.00, or $12.00, for each hour over 40. $("span.current-site").html("SHRM MENA "); For academic employees, consult your assigned AAG about whether the new salary basis threshold applies. The standard salary level for exemption is $958.30 per week ($49,831.60 annually). 13. Who should you contact regarding agency or higher education institution specific questions? All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. Does the paid sick leave under WMWA apply to an employee whose primary duty is teaching i.e. 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. Special salary levels would apply to certain U.S. territories and an updated base rate would apply to employees in the motion-picture industry. $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. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. The total annual compensation requirement for highly compensated employees will increase from $100,000 to $107,432. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific. 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 new proposal is likely to be issued in the near future and could be issued as early as this month. } ol{list-style-type: decimal;} 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. Should higher education institutions apply the WMWA criteria in the same manner as state agencies? L&I Administrative Policy ES.A.9.5; WAC 296-128-530(2)(a). In 2022, employees in Washington must earn a salary of at least 1.75 times the minimum wage for a 40-hour workweek to qualify for exemption. [CDATA[/* >*/, New: Interactive Handy Reference Guide to the Fair Labor Standards Act (PDF), (For best printout, see the PDF version.) However, at any age, minors may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business (except in mining, manufacturing or on hazardous jobs); or gather evergreens and make evergreen wreaths. The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. 6. }); if($('.container-footer').length > 1){ 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. Additionally, 5 states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. The equal pay provisions of the FLSA prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions. 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;}'; document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 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. Casual babysitters and persons employed as companions to the elderly or infirm. "We can expect to see more states proposing increased salary cutoffs in 2022 as a . The answer to this question is fact-specific and requires analysis of the positions primary duties under the administrative exemption of WMWA. The special rule for highly compensated employees would require workers to earn a total annual compensation of at least $107,432 ($684 of which must be paid weekly on a salary or fee basis). Virtual & Washington, DC | February 26-28, 2023. Not necessarily. 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). 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. You have successfully saved this page as a bookmark. .usa-footer .grid-container {padding-left: 30px!important;} 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;}'; Following are examples of exemptions which are illustrative, but not all-inclusive. The salary threshold to qualify for exemption is $958.30 per week under WMWA. 9. The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty. The regular rate of pay for that week is $405 divided by 45, or $9.00 an hour. Arkansas. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? An agency within the U.S. Department of Labor, 200 Constitution Ave NW As such, absent the limited exceptions for higher education, if a part-time employees weekly pay doesnt reach $958.30 per week, they are eligible for overtime. What changes were made to the WMWA rules? SHRM Employment Law & Compliance Conference, regardless of what happens to the now-blocked federal overtime rule, raising salaries for exempt employees above the threshold, Californias Exempt Salary Threshold Will Rise Regardless of Blocked Overtime Rule, 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, U.S. Companys Mandatory Video Surveillance Violated Dutch Rights. 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