And exempt salary thresholds are part of that complex matrix. The FLSA provides minimum standards that may be exceeded, but cannot be waived or reduced. The DOL also signaled its intent to revisit the salary threshold for the highly compensated employee exemption, currently set at $107,432. 1/1/2021. Send them here we promise well answer them. This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. The list includes some special districts in states but does not include all of said districts. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. For example, a salaried employees base pay may not be reduced based on work output, poor job performance, or partial day absences. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. A common misconception is that it is up to the employer to choose whether or not someone is exempt from FLSA. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} $780 per week ($40,560 annually) effective Oct. 3, 2021. In these counties, the previous minimum wage was $14.00 an hour. 2023 Exempt Status Salary Threshold by City and State. Computer professionals are in their own group when it comes to exemptions. New York City has the highest minimum wage requirements, and other parts of New York are working to match the Citys existing requirements. Exemption - Blue-Collar Workers, Part 541, Exemption -Insurance Claims Adjusters, Part 541, Exemption -Financial Services Industry Employees, Part 541, Exemption -Technologists and Technicians, Part 541, Exemption -Construction Workers, Part 541, Exemption -Journalists/Reporters, Part 541, Higher Education Institutions and Overtime Pay - FLSA, Exemptions - Recreational Establishments, Seasonal Amusement, Motor Carrier Exemption, Truck Drivers, Interstate Truck Drivers, Hours Worked, Waiting Time, On-call Time, Breaks, Lunch Breaks, Sleeping Time, Training Time, Travel Time, Commute, Overnight Travel, FMLA, Medical Leave, Family Medical Leave, FMLA Military Leave Entitlements, Veteran, Armed Forces, Military, Military Family, FMLA Certification of a Serious Health Condition, FMLA Special Rules for Airline Flight Crew Employees, FMLA Son or Daughter 18 years of age or older, Leave under the FMLA for Spouses Working for the Same Employer, Leave Provisions - Military Family under the FMLA, Military Caregiver Leave for a Current Servicemember under the FMLA, Military Caregiver Leave for a Veteran under the FMLA, Joint Employment and Employer Responsibilities Under the FMLA, Independent Contractors, Joint Employment, Recreation Establishments, Amusement Parks, Grocery Stores, Supermarket, Meat Slicer, Trash Compactor, Baler, Hours Limits, Maximum Hours, Subminimum Wages, Workers With Disabilities, Subminimum Wages, Certificates Under Section 14(c) of the FLSA, Workers With Disabilities, Subminimum Wages, Commensurate Wages Under Section 14(c), Workers With Disabilities, Subminimum Wages, Hours Worked under Section 14(c) of the FLSA, Workers With Disabilities, Subminimum Wages, Personal Time, Fatigue and Delay Allowances Under Section 14(c), Piece Rates, Workers With Disabilities, Subminimum Wages, Hourly Commensurate Wage Rates Under Section 14(c), Workers With Disabilities, Subminimum Wages, Service Contracts Under Section 14(c), Workers With Disabilities, Workers With Disabilities, CRP Compliance Baseline Survey, Child Labor, Youth employment, teen employment, teen workers, teen employees, prohibited occupations, hazardous occupations, prohibited jobs, hazardous jobs, Field Sanitation Standards under OSHA, Farmworkers, Farm Employees, Agricultural Workers, Agricultural Employees, Ag Employees, Migrant Workers, Migrant Employees, Seasonal Workers, Seasonal Employees, Drinking Water, Toilets, Handwashing, Regular Rate of Pay, State and Local Scheduling Law Penalties, H-1B, Recordkeeping, H-1B dependent/willful violator, H-1B, Recruitment; industry-wide standards, McNamara-OHara Service Contract Act (SCA), Full-Time Employee under H-1B Visa Program, Job Hours and the three-Fourths Guarantee, H-2B, Inbound and Outbound transportation Expenses, and Visa and Other Related Fees, Disclosure of the Job Order and Notice of Worker Rights, Employer Obligations Under the Temporary H-2B Visa Cap Increase. $(this).next().removeClass('expanded'); if (!event.target.matches('.drupal-drop-button')) { The overtime threshold and employer's . [CDATA[/* >*/. This is often referenced as an amount per pay period in an offer letter and then shown as a yearly amount. Please log in as a SHRM member. Notably, the language included in the final bill does much more than repeal the 2020 final rule and restore the salary threshold to its pre-2020 levels. var currentUrl = window.location.href.toLowerCase(); On the flip side, employees may expect higher pay rates for exempt positions, and you cant adjust their paycheck based on amount of time worked or output. Factors Employers Must Consider. let options = { @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} //this code handles the expanding and closing of the button }; In June 2021, during negotiations on the 2021-2022 state budget, it was reported that Wolf agreed to repeal the final rule in exchange for additional funding for public schools, including $100 million to support historically underfunded school districts. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Non-exempt employees arguably have more clear-cut guidelines, and exempt employees processes are a bit more complicated. .usa-footer .container {max-width:1440px!important;} , */. However, the FLSA provides an exemption from minimum wage and overtime pay for employees who work as executive, administrative, professional and outside sales employees. Shes amazed at how supportive the HR community is and is excited to start giving back. California. const urlParams = new URLSearchParams(queryString); What additional records must be maintained by an H-1B-Dependent or Willful Violator employer? When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Exempt computer employees are expected to be paid at least $684 on a salary basis or an hourly basis at a rate not less than $27.63 an hour. The employee must be customarily and regularly engaged away from the employers place or places of business. effective Oct. 3, 2022. . As of 2022, the minimum salary for exempt Long Island and Westchester employees is $1,125 per week or $58,500 per year. (https://hrdailyadvisor.blr.com/2020/10/27/who-is-not-covered-by-the-flsa/). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. 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