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. WAC 296-128-533(1)(a). TheFair Labor Standards Act (FLSA)is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. 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. As of today, that salary minimum is $684 per week ($35,568 per year); the agency is expected to seek an increase to $900-1000 per week, somewhere in the $50,000 per annum range. Such employment is permitted only under certificates issued by WHD. vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. 1){ RCW 49.46.010(3)(c). If the teaching activities are covered by the professional exemption then the employee is also exempt from paid sick leave coverage. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? 5. .manual-search-block #edit-actions--2 {order:2;} Employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the childs birth each time such employee has need to express the milk. The changes are summarized below: To qualify for the administrative, professional, and executive exemptions in California, employees must meet certain salary and duties tests and must be paid at least twice the state minimum hourly wage based on a 40-hour week. The exemptions provided by FLSA Section 13(a)(1) apply only to "white-collar" employees who meet the salary and duties tests set forth in the Part 541 regulations. For information regarding academic . 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. 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 3000 times the state minimum wage. } 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. By 2028 the annual salary threshold will be $78,624.00. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. The new rate will take effect Jan. 1, 2020. And employers had the option of . 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. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Please contact your assigned AAG for assistance with questions involving the impact of multiple appointment types on an employees overtime status. Updates would not be automatic and would continue to require notice-and-comment rulemaking. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. In such a case, the Department will not seek the same back wages and liquidated damages on that employees behalf. 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;}'; The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Members may download one copy of our sample forms and templates for your personal use within your organization. All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. Nonexempt employeesmust be paid time and a half for any hours worked more than 40 in a workweek. So far there have been no changes for 2022. At that time, DOL proposed upping the minimum salary threshold from $23,660 a year to $50,440 a year, an increase of 113%, with additional increases in subsequent . Note: This is the same standard used under FLSA, 29 C.F.R. 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. 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. 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. .manual-search ul.usa-list li {max-width:100%;} Under the states exemption for highly technical computer employees, the employee may be paid by salary (at least $865.38 per week in 2022) or by the hour (under a state proposal, the minimum hourly rate would be $28.92 in 2022). The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. Paid leave does not count as time worked for non-represented employees. Any employees who are not covered by the FLSA may be paid less than $7.25 an hour. } For employees with multiple appointment types with the same employer, it is sometimes unclear which position is their primary duty for purposes of determining exempt or nonexempt status. The salary threshold to qualify for exemption is $958.30 per week under WMWA. 8. Las Cruces: $11.50 per hour for nontipped employees and $4.60 per hour for tipped employees. The Trump administration. A monthly salary should be multiplied by 12 and the product divided by 52. If you are represented, employers and employees should reviewcollective bargaining agreements for specific requirements concerning work period designations and overtime eligibility. Under federal law, the total annual compensation level for highly compensated employees is $107,432 per year. The answer to this question is fact-specific and requires analysis of the positions primary duties under the administrative exemption of WMWA. [CDATA[/* >