The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum. 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. L&I Administrative Policy ES.A.9.5; WAC 296-128-530(2)(a); See also for guidance attached DOL Fact Sheet. In most circumstances, yes. 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. $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. 17. For non-represented positions WAC 357-28-245 requires general government employers to get OFM approval when changing a positions overtime eligibility designation from overtime eligible to overtime exempt. 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. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry (where safety and health hazards are not involved). May 2022 The United States Department of Labor ("DOL") is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act ("FLSA"). Does L&I hold the same opinion under the WA Minimum Wage Act? Please confirm that you want to proceed with deleting bookmark. Such individuals include student-learners (vocational education students), as well as full-time students in retail or service establishments, agriculture, or institutions of higher education. The Department of Labor issued a final rule on Sep. 24, 2019increasingthe salary-level threshold for white-collar exemptions to $684a week from $455 a week. A new rate increase will be announced and be effective on July 1, 2022. Chicago: $15.00 per hour (employers with 21 or more employees); $14.00 per hour for smaller employees; tipped employees must be paid at least $9.00 per hour for larger employers and $8.40 for smaller employers. 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. Most employees covered by the Washington Minimum Wage Act (WMWA) must be provided a minimum wage, overtime for working above 40 hours in a seven day workweek, and paid sick leave. For that week only, the employee would be entitled to protections under the Minimum Wage Act, which would include payment for all time worked over 40. A bathroom, even if private, is not a permissible location under the Act. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. 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. 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. Example: An employee paid $8.00 an hour works 44 hours in a workweek. 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. Under the WMWA, the standard salary threshold is higher and more favorable to the worker. Hourly rate (regular pay rate for an employee paid by the hour) - If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch. All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. This final rule went into effect January 1, 2020, and it remains in effect today. What happens to employees in positions assigned to split level pay ranges when their salary exceeds the new WMWA salary threshold? Under this agreement, the regular rate will vary in overtime weeks. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employers business. Do academic advisors at community colleges qualify for exemption from minimum wage and overtime requirements under WMWA? regardless of what happens to the now-blocked federal overtime rule. For information regarding academic . In farm work, permissible jobs and hours of work, by age, are as follows: Minors of any age may be employed by their parents in any occupation on a farm owned or operated by their parents. Overtime Non-exempt employees must be paid overtime for hours worked in excess of 40 in a single workweek (a workweek can be any seven consecutive 24-hour periods). Federal law establishes a minimum salary of $684 per week for the professional exemption. The FLSA allows the Department of Labor (Department) or an employee to recover back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist. VisitOvertime Eligible - Documenting Hours Worked to find out more information on the state's process. Send request toState HRClassification and Compensation . Split level pay ranges are salary ranges in which the new WMWA salary threshold falls somewhere in the current salary range. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { The FLSA requires employers to keep records on wages, hours, and other items, as specified in DOL recordkeeping regulations. 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. 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. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. Arkansas. Need help with a specific HR issue like coronavirus or FLSA? A minimum wage of not less than $4.25 an hour is permitted for employees under 20 years of age during their first 90 consecutive calendar days of employment with an employer. This is a very fact specific question that should be asked of your assigned Labor and Personnel or Education Division AAG. Under FLSA, the standard salary threshold is $684 per week or $35,568 per year. You are highly encouraged to take a close look not only at the salary, but at whether the position duties meet the job duties test under L&Is rules. 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. and sick leave and which requires the public agency employee's pay to be reduced or such employee to be placed on leave without pay for absences for personal reasons or because of illness or injury of less than one work-day when accrued leave is not used by a public employee. Maine 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/. Since state law is more favorable, employees who are currently exempt under FLSA may now be overtime eligible under state law requiring the employer to provide overtime pay to those employees. HR professionalsmust knowhow to determine overtime eligibilityfor each employee. Effective January 1, 2021, the rule increases the minimum salary required for the executive, administrative, and professional exemptions under state law as follows: Employers with 50 or Fewer Employees: $821.40 per week. Employers may want to consult legal counsel about how this rule may impact them. The proposed minimum salary level for the Fair Labor Standards Act's executive, administrative and professional exemptions thus could be $913 per week or $47,476 per year, if not more, he predicted. As a result, the minimum salary required for the executive and administrative exemptions will increase on December 31, 2021 as follows: Note: There is also a professional exemption under state law. Also, work may not begin before 7 a.m., nor end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. It depends. The location provided must be functional as a space for expressing breast milk. The .gov means its official. To ensure your organization is aware of the latest minimum wage requirements, please check out our breakdown by state and locality. The increase for larger employers has yet to be announced because it is tied to the CPI, but the rate for smaller employers will jump to $14.50. Before sharing sensitive information, make sure youre on a federal government site. 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? Note: in limited circumstances, the salary threshold does not apply to certain professionals (e.g., teachers, doctors, and lawyers) because those professionals are considered exempt under the WMWA based on their duties alone. 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. Under the WMWA, the standard salary threshold is higher and more favorable to the worker. 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