Group 1: New York City Large Employers (employees who work in New York City for Fast Food Establishments and employers of 11 or more employees) New York City Large Employers will reach $15 on December 31, 2018;Group 2: New York City all others All other employees who work in New York City will reach $15 on December 31, 2019;Group 3: All other Fast Food On July 1, 2021, for all other Fast Food Workers throughout the state;Group 4: Downstate - On December 31, 2021, for all employees in Westchester, Nassau and Suffolk counties;Group 5: All others Employees who work in the balance of the State (outside of New York City or Nassau, Suffolk and Westchester counties, other than Fast Food Workers) will reach $13.20 per hour on December 31, 2021. The states minimum wage is scheduled to increase on January 1, 2022 and varies based on employer size. Salary Threshold as of December 31, 2021. And $16.20 per hour for the remainder of New York State, effective December 31, 2022. Being paid on a salary basis means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Yes, every employer must provide notice by posting the applicable minimum wage poster. The minimum wage for health care aides effective October 1, 2022, is $17.00 per hour in New York City, Long Island and Westchester. As reflected in the charts below, minimum wages increased in dozens of states and localities when the new year rang in on January 1, 2022 and exempt salary thresholds also increased in some states effective January 1, 2022. Due to the monthly base pay model at the UW requiring a whole dollar amount, the UW's thresholds are slightly higher than the state's thresholds as shown in the table below: The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Yes, wherever there is joint employment, all employees at all entities must be totaled together to determine which minimum wage rate applies. Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis, to satisfy up to 10 percent of the standard salary level. This chart is based on state law and is intended for private sector, for-profit employers. For example, an artist paid $350 for a picture that took 20 hours to complete meets the minimum salary requirement since the rate would yield $700 if 40 hours were worked. Employees must be made aware of the pay rate applicable to the work they perform. Employers may want to consult legal counsel about how this rule may impact them. The FAR threshold for performance and payment bonds at FAR 28.102 had one escalation adjustment in 2010, which raised the threshold by $50,000 from $100,000 and has since remained unchanged. As a result, the minimum salary required for the executive, administrative, and professional exemptions from overtime under state law increases to $1,014.30 per week on January 1, 2022. Find more information from the DOLs Wage and Hour Division,which includes exempt salary information on: This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. French Insider Episode 21: Between Warring Giants: How European What Appellate Courts Are Missing About PAGA Standing After Viking New Antidumping and Countervailing Duty Petition on Non-Refillable After May 15, 2023, PERMs Must Be Filed Via DOLs FLAG System, Applying for an Emergency or Urgent Expedited U.S. Passport, UFLPA Enforcement Remains Work in Progress. Many states have their own salary and duties tests for determining whether an employee is exempt from overtime under state rules. Salary threshold implementation schedule Salary thresholds for overtime exempt workers are a multiplier of state minimum wage for a 40-hour workweek 2023 Salary thresholds Small businesses: $1,101.80/week ($57,293.60 a year) Large businesses: $1,259.20/week ($65,478.40 a year) . New York Minimum Wage and Exempt-Status Salary Threshold to Increase See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees. 25 states are raising their minimum wage in 2022. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { In many cases, the state criteria are harder to meet than the federal criteria. She suggested that employers invest in training for their managers to create a culture of compliance. The FAR threshold for alternatives to payment bonds at FAR 28.102 is currently $35,000; it was escalated twice, one in 2006 and again in 2015. $('.container-footer').first().hide(); The tiered salary thresholds required for exempt status are also rising effective December 31, 2021. Please log in as a SHRM member. Copies of the posters are available. Under the state's 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). with GovDocs Employment Law News. However, the FLSA provides an exemption from minimum wage and overtime pay for employees who work as executive, administrative, professional and outside sales employees. Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. 2022, employers must pay exempt EAP employees a rate at least equal to 1.75 times the state minimum wage of $14.49 an hour for a 40-hour workweek. The salary rates may vary depending on the city/county where an employee resides/works in California. While the general rule is that overtime must be paid at time and a half of the regular rate, a limited exception allows certain employers to pay time and a half of the minimum wage rate. Employers may pay the higher uniform maintenance allowance for the week or they may choose to prorate the allowance for the number of hours worked in each region. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. McDonald noted that the current number of states that have a higher minimum salary threshold than the federal level is still small. Exempt Salary Thresholds Above the FLSA - GovDocs Civil monetary penalties are available against employers, managers or supervisors who take tips earned by their employees. Any business that (1) employs one or more employees in New York City, and (2) has employed more than 10 employees at any time during the current or prior calendar year and among all worksites. However, "do not think, 'I'm not on the list, I'm fine,' " she cautioned. For example, New York's rates changed on Dec. 31, while California's new statewide rates took effect on Jan. 1. For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Minimum Wages Are On the Rise in Several States. Federal law establishes a minimum salary of $684 per week for the professional exemption. By submitting this form you are agreeing to receive emails from Focus HR Inc. Privacy Policy | Business Health Insurance, Risk Mitigation The Overriding Key Advantage to HR Outsourcing, Maximizing ROI for Your Small Business: The Benefits of HR Outsourcing, The Ultimate Small Business Guide to 401(k) Retirement Plans, Nassau, Suffolk, and Westchester Counties: $1,125 per week, Remainder of the State (Except New York City): $990 per week (proposeda final decision is expected soon). A new rate increase will be announced and be effective on July 1, 2022. Remaining in effect for the duration of 2022 is a measure enacted in March 2021 . Administrative, professional and computer employees may be paid on a fee basis rather than on a salary basis. The state's minimum wage increased on January 1, 2023. 2023 Epstein Becker & Green, P.C. This year, employers should pay particular attention to minimum wage changes, higher salary requirements for exempt workers and COVID-19-related paid leave. Starting with Alaska, exempt employees must be paid two times the state minimum wage for the first 40 hours worked each week, excluding board or lodging from the employer. Whether you manage a postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. For the outside sales employee exemption, there is no minimum salary requirement. If the employees rate of pay increases, the increase must be reflected in the wage statement provided with their paycheck. With the state salary thresholds for exempt employees now a multiplier of the state minimum wage, one of the thresholds multipliers will rise on Jan. 1, 2023. If the employer pays different wage rates, they must be able to show the employees hours worked for each wage rate. For example, the Massachusetts Emergency COVID-19 Paid Sick Leave Law was extended through April 2022. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. In many cases, the state criteria are harder to meet than the federal criteria. ol{list-style-type: decimal;} Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. If you live in a county with a special exempt threshold and do not see it listed, visit your district Department of Labor website to obtain accurate information. var temp_style = document.createElement('style'); "Think about your pay practices as a [Department of Labor] investigator would.". New York State Exempt Salary Threshold for 2023 - ebchcm.com
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