WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary . These changes moved the threshold to $684 per week ($35,568 annualized) and allowed for up to 10% of non-discretionary bonuses to satisfy threshold requirements. //this code handles the expanding and closing of the button Before classifying and treating any employee as FLSA exempt, employers need to do their due diligence in confirming that the employee satisfies all tests for exemption under all applicable laws, both federal and state. }); In the context of FLSA and using regulatory language from the Department of Labor, an administrative positions main duty is office or non-manual work directly related to the management or business operations of the company or customers. [Want to learn more? The DOL also signaled its intent to revisit the salary threshold for the highly compensated employee exemption, currently set at $107,432. }); if($('.container-footer').length > 1){ While it would not be plausible to list all of the job tasks that fall under FLSA exempt job duties, well look at the main three. Minimum wage laws differ in each state and change frequently. Federal government websites often end in .gov or .mil. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) that proposes to revise the Departments guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). 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,. 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 minimum amount of salary that must be given to an exempt employee is $684 per week, or $35,568 a year. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. As of 2022, the minimum salary for administrative and executive employees, exempt from overtime pay requirements, is $990 per week for the remainder of the state, excluding New York City. As of 2022, the minimum salary for exempt Long Island and Westchester employees is $1,125 per week or $58,500 per year. Additionally, some truck drivers, agricultural workers, railroad workers, and other exemptions can be explored in this article. On September 24, 2019, the DOL announced the final rule increasing the salary threshold for exemption to the FLSA from $455 per week to $684 per week (lower than originally proposed.)
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