For academic employees, consult your assigned AAG about whether the new salary basis threshold applies. The FLSA requirement of break time for nursing mothers to express breast milk does not preempt State laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the childs birth). 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. It may begin on any day of the week and at any hour of the day established by the employer. The FLSA requires employers to keep records on wages, hours, and other items, as specified in DOL recordkeeping regulations. The FLSA and the State Minimum Wage Act exempt employees who work in a bona fide executive capacity from the overtime pay requirements. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (except for certain statutory exclusions). All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 3. 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 salary shall not be subject to deduction because of various in quantity or quality of the work performed, subject to exceptions in WAC 296-128-532(3). Employees could switch from overtime eligible to overtime exempt once their salary exceeds the new salary threshold, provided employees duties also meet the WMWA exemption criteria. 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. Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers; or parts-clerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers; Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans; Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations; Domestic service workers living in the employers residence; Employees of motion picture theaters; and. SHRM Employment Law & Compliance Conference, Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. 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 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 Federal Fair Labor Standards Act (FLSA) requires that employers pay most employees at least the federal minimum wage for each hour worked as well as overtime pay for all hours worked in excess of 40 in a workweek. The top employee benefits companies are focusing on Dive Insight: Plans to raise the FLSA white-collar exemption threshold have been in the works for more than a year. 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. Should higher education institutions apply the WMWA criteria in the same manner as state agencies? Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. To illustrate, suppose an employees hours of work vary each week and the agreement with the employer is that the employee will be paid $480 a week for whatever number of hours of work are required. The minimum salary threshold for individuals to be exempt from overtime will increase from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. The FLSA does not provide wage payment or collection procedures for an employees usual or promised wages or commissions in excess of those required by the FLSA. Federal law establishes a minimum salary of $684 per week for the professional exemption. 2022 Governor's proposed supplemental budget, 2021 Governor's proposed supplemental budget, 2020 Governor's proposed supplemental budget, 2023-25 operating and transportation budget instructions, 2021-23 operating, transportation and capital budget instructions, Fiscal impact of ballot measures & proposed legislation, 2021 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Contact Facilities Oversight and Planning staff, Facilities Portfolio Management Tool (FPMT), Bill Enrollment and Agency Request System (BEARS), Results through Performance Management System (RPM), Fair Labor Standards Act (FLSA) & Washington Minimum Wage Act (WMWA), Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion. Virtual & Washington, DC | February 26-28, 2023. Please contact your assigned AAG for assistance with questions involving the impact of multiple appointment types on an employees overtime status. 5. is time given to an employee in lieu of overtime pay for hours worked in excess of the established 40-hour workweek. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from co-workers and the public. [CDATA[/* >