As of January 1, 2023, employees in California must earn an annual salary of no less than $64,480 to meet this threshold requirement. From 2015 to 2017, Hewitt worked 28-day "hitches," living on an offshore oil rig for 28 days at a time and being on-duty for 12 hours each day. An employer with more than 25 employees must pay their employees a minimum wage of $14.00 an hour, and a minimum salary of $4,853.34 per month (or $58,240.00 annually) to exempt employees. If so, and the employee works overtime, you may now be paying the employee more for the same work. Although Hewitt was compensated well over US$200,000 annually (thus meeting the minimum weekly requirement for the highly compensated employee exemption), he was not paid on a salary basis because a true salarya steady stream of pay cannot vary much and is an amount that the employee may rely on week after week.4For example, using the daily-rate approach, when Hewitt worked one day in a pay period, his paycheck amounted to US$963. Thank you for suggesting a question for our next Q&A post! Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. The state of Washington has announced increases in the minimum wage rate and the exempt salary thresholds for employees, effective January 1, 2023. Employers subject to the FLSA must pay the current federal minimum wage. The new state minimum wage for 2023 is $15.74 an hour. Sign up to receive updates on the following legal topics: Attorney Advertising. Examples of exempt computer . Federal law establishes a minimum salary of $684 per week for the professional exemption. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. Employers should always be aware of local jurisdictions that have implemented similar increases. $(document).ready(function () { Customer Reviews: Five-Star Enforcement and the Expanding Regulations. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. The New Jersey hourly rate for tipped employees increases to $15.26 per hour on January 1, 2023 with a tip credit of $8.87. to have accounted for almost 60 percent of the State's minimum wage workforce. This website presents general information in nontechnical language. Due to an increase in the state's minimum wage, the minimum salary required for the administrative, professional and executive exemptions from overtime under state law increased to $796.17 per week on January 1, 2023. Future minimum wage increases in New Jersey for 2024 and future years will be raised automatically based on increases in the Consumer Price Index. According to the new exempt employee law that went into effect January 1, 2020, all executive, administrative, professional, computer, and outside sales exemptions require that the employee. The final scheduled increase to $15.00 per hour will take effect on July 1 . Nota Bene Episode 160: European Update: Oliver Heinisch and Scott Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. The salary basis requirement is met solely when employees are paid by the week or longer, the high court found. The Department of Labor (DOL) is likely to introduce changes to overtime exemption regulations in May, McCutchen said. But this case makes very clear that the guaranteed weekly amount is always a critical requirement for satisfying the salary basis test," said Brett Coburn, an attorney with Alston & Bird in Atlanta. Licenses for Exports to Are You Ready for the UPC? 2023 New York State Minimum Wage, Executive & Administrative Exempt Salary Changes and Farm Overtime Threshold Reductions. Will the U.S. Supreme Court Make Marijuana Legal? However, on January 1, 2023, the minimum wage in those other areas in New York increases to $15.90 per hour. These increases impact several state wage requirements that youll want to be aware of if you have employees in Washington. To be considered "exempt," these employees must generally satisfy three tests: There are also exemptions for outside sales and computer professional employees. As a result of the change in the states minimum wage, the minimum salary required for these exemptions under state law increased to $868 per week (twice the minimum wage for a 40-hour week) on January 1, 2023. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. The State minimum wage is: $9.25 per hour effective January 1, 2019; $10.00 per hour effective January 1, 2020; $11.00 per hour effective January 1, 2021. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. In short, you need to plan ahead. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. 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. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? Employers must pay employees a salary of at least $684 per week. An additional rate increase for highly compensated employees. US Executive Branch Update February 27, 2023. These positions normally receive the same increase provided comparable civil service employees. BY Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. As a result of a new state minimum wage, the salary thresholds used to determine which workers are exempt from overtime under state law also increased effective January 1, 2023: At least 1.75 times the minimum wage, or $1,101.80 per week ($57,293.60 per year), At least 2.0 times the minimum wage, or $1,259.20 per week ($65,478.40 per year). Effective July 24, 2009, the federal minimum wage is $7.25 per hour. July 1, 2023. . 408.9002 (2) (b) An exception is small employers can instead pay a minimum wage of $16.50 per hour if they contribute at least $2.19 per hour toward employee medical benefits and/or the employee earns at least $2.19 per hour in reported . Pennsylvania Raises Exempt Salary Threshold The Pennsylvania Department of Labor and Industry published its final rule to substantially increase the salary cutoff for exempt executive,. In Washington, employees must satisfy certain salary and duties tests to be classified as exempt from overtime under state law. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. His pay ranged from $963 to $1,341 per day. Small employers with 1-50 employees must pay exempt employees a salary of at least $1,101.80 per week ($57,293.60 per year). Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Furthermore, because the rule applied to all employers, some charitable non-profits could not afford to keep employees working the same hours and would have been forced to reduce the services they provide, it said. Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements. Once the rate is announced, you will need to decide whether to increase affected employees salary to the new level or convert them from exempt to non-exempt. The court ruled that the defendant company didn't pay a salary as defined under the FLSA, and therefore a highly compensated employee was not exempt. Many business groups, however, oppose another increase to the salary threshold. Effective Oct. 3, 2023 (and each third year thereafter), the salary threshold would reset automatically to the 10th percentile of Pennsylvania workers who work in exempt EAP classifications. Ins. Seattle minimum wage: The City of Seattle is increasing its minimum wage requirement to $18.69 per hour for most employers. Under the Fair Labor Standards Act (FLSA), an emp Please be advised that effective January 1, 2023, the state of California will be increasing the minimum wage for non-exempt employees to $15.50 per hour from $15.00 per hour. The hourly rate in New Jersey increases by $1.13 to $14.13. Friday Development: New Sanctions and Export Controls to Address Weekly IRS Roundup February 20 February 24, 2023, Everything to Know About Unbundled Legal Services. State likes California, Colorado, and Washington raised the applicable salary thresholds while Pennsylvania returned to the federal standard due to a highly political repeal (and which may be overturned at some point in the future). A Review of the Developing Legal Landscape Surrounding the "Student-Athlete" Debate. 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. Beginning July 1, 2023, the base minimum wage for tipped employees will increase from $6.00 per hour to $8.00. Cities can set minimum wages higher than the state. This proposal is scheduled for a public hearing on December 16, 2022. Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). The New Jersey hourly minimum hourly wage rate also increases on January 1, 2023 for most New Jersey employers. As a result, the minimum salary required for the executive and administrative exemptions in these upstate areas increased to $1,065 per week onDecember 31, 2022. Please log in as a SHRM member. For the outside sales employee exemption, there is no minimum salary requirement. Hes full of profound truisms, and this one has always, On January 14, 2023, the Washington Department of Labor & Industries (L&I)s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the, Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their, DOL addresses indefinite intermittent FMLA leave and remote work To request permission for specific items, click on the reuse permissions button on the page where you find the item. Other lessor known exemptions may also apply. 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 3,000 times the state minimum wage divided by 52. Under the states exemption for highly technical computer employees, the employee may be paid by salary (at least $961.54 per week in 2023) or by the hour ($31.41 per hour in 2023). Applicable to employers with 2 or more employees. } Additionally, wage hour regulations and laws may also be applicable under federal law. Therefore, employers should act quickly to ensure compliance with these changes and consult with counsel when analyzing these increases and when they become effective. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. 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. "From a policy and fairness perspective, the [court] decision is somewhat disconcerting because the employee at issue was paid very well," he said. 408.701 (f); MI Regs. Other state laws are focused on reaching a certain threshold. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. Currently, the salary threshold for exempt employees is $684 a week ($35,568 annualized), but we expect the DOL's pending proposal to raise the rate to somewhere around $900-$1,000 a week (which works out to be $46,800 to $52,000 when annualized). As you plan your 2023 budgets, you may want to account for a potential increase in the exempt salary threshold under an anticipated new federal overtime rule. Connecticut currently utilizes the same minimum threshold salary for exempt employees as federal law. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. For example, the U.S. Chamber of Commerce has said that many exempt employees did not want to be reclassified to non-exempt under the Obama administrations rule. "Relatively few employers outside the energy industry utilize the day rate pay structure at issue in the case. Their advanced knowledge must be in a field of science or learning, customarily acquired by a prolonged course of specialized intellectual instruction. She is a member of the Labor, Employment, and Workplace Safety practice group. Many employers found they needed to re-think their entire compensation program as a result of these changes. While she was a student at Louisiana State University, Brooke was a research assistant. Copyright 2016 ADP LLC. As of January 1, 2023, the minimum wage in California will increase to $15.50 for all employers - large and small. As a result, a number of regional center vendors may be eligible for a rate adjustment in order to pay employees the new minimum wage. 2023 Hourly Minimum Wage $13.85 / hour Weekly Minimum Wage1 $554.00 / 40-hr week Yearly Minimum Wage2 $28,808.00 / year Arizona's state minimum wage rate is $13.85 per hour . While written notice of these pay increases isnt required except for Seattle employees, advance written notice is certainly a best practice for employee retention and morale. To qualify as a professional employee, a person must do work that requires advanced knowledge, is predominantly intellectual in character, and includes exercising discretion and judgment. Brooke worked as an assistant for a law firm in Baton Rouge, Louisiana, where she researched and analyzed case law and statutes to draft legal memorandums on topics such as employment law, bankruptcy, obligations, and civil procedure. 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