However, non-employees (meaning freelance or independent contract workers) are clearly not covered under FLSA. li").focus(); An official website of the United States government. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, The Construction Industry under the Fair Labor Standards Act (FLSA), Restaurants and Fast Food Establishments under the Fair Labor Standards Act (FLSA), Employing Youth in Restaurants under the Fair Labor Standards Act (FLSA), Professional Offices under the Fair Labor Standards Act (FLSA), Security Guard/Maintenance Service Industry under the Fair Labor Standards Act (FLSA), Real Estate and Rental Agencies under the Fair Labor Standards Act (FLSA), Retail Industry under the Fair Labor Standards Act (FLSA), State and Local Governments under the Fair Labor Standards Act (FLSA), Police and Fire Fighters under the Fair Labor Standards Act (FLSA), Manufacturing Establishments under the Fair Labor Standards Act (FLSA), Wholesale and Warehouse Industries under the Fair Labor Standards Act (FLSA), Automobile Dealers under the Fair Labor Standards Act (FLSA), Agricultural Employers under the Fair Labor Standards Act (FLSA), Employment Relationship under the Fair Labor Standards Act (FLSA), Coverage under the Fair Labor Standards Act (FLSA), Non-Profit Organizations and the Fair Labor Standards Act (FLSA), Tipped Employees Under the Fair Labor Standards Act (FLSA), Tipped Employees under the Fair Labor Standards Act (FLSA) and Dual Jobs, Deductions From Wages For Uniforms And Other Facilities under the Fair Labor Standards Act (FLSA), Exemption for Executive, Administrative, Professional, Computer and Outside Sales, Highly-Compensated Workers, Part 541 Exemptions, Insurance Claims Adjusters, Part 541 Exemptions, Financial Services Industry Employees, Part 541 Exemptions, Technologists and Technicians, Part 541 Exemptions, Construction Workers, Part 541 Exemptions, Journalists/Reporters, Part 541 Exemptions, Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA), Special Salary Levels For the U.S. The following is a comprehensive list of the exempt status salary threshold by state. 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. What Constitutes a Full-Time Employee Under H-1B Visa Program? Federal government websites often end in .gov or .mil. ]]>, . For more information specifically about FLSA, go to Eddys HR Encyclopedia article here. 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 When the rule takes effect July 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Jan. 1, 2024 Jan. 1, 2025 Jan. 1, 2026 Jan. 1, 2027 Jan. 1, 2028 For small employers with 1-50 . hasPagination: true #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Besides the research and analysis you do to classify a position as exempt or not, after that decision is made, youll need to administer pay and benefits a bit differently and set expectations around those policies and procedures. The list includes some special districts in states but does not include all of said districts. Robert Pritchard is an attorney with Littler Mendelson in Pittsburgh, Pa. 2021 Littler Mendelson. The previous minimum salary of $937 for these employees. Your session has expired. The .gov means its official. For non-exempt employees, it can be as simple as setting hourly requirements, tracking them, and then setting performance expectations accordingly. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Positions like specialized software engineers or computer programmers may be exempt; one clue is a higher pay grade. 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. /*-->*/. The site is secure. Must an H-1B employer recruit U.S. workers before seeking H-1B workers? The minimum salary for exempt employees in New York City remains at $1,125 per week or $58,500 per year. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. The Trump. $961.54 per week ($50,000 per year) January 1, 2024. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. GovDocs, Inc. .manual-search ul.usa-list li {max-width:100%;} While the Fair Labor Standards Act sets a federal threshold for salaried (exempt) employees, several states have their own regulations. an HR attorney). A combination of the aforementioned duties, the performance of which requires the same level of skills. All rights reserved. .manual-search ul.usa-list li {max-width:100%;} Licensed physicians and surgeons: $91.07 per hour. #block-googletagmanagerheader .field { padding-bottom:0 !important; } For more information on the penalty adjustments, go, 29 CFR 570.140(b)(1) and 29 CFR 579.1(a)(1)(i)(A). .usa-footer .container {max-width:1440px!important;} Track essential employee data, digitize your manual HR processes, and improve your employee experience. Consequently, too many search terms may yield no results. .usa-footer .container {max-width:1440px!important;} You have successfully saved this page as a bookmark. Before sharing sensitive information, make sure youre on a federal government site. .manual-search ul.usa-list li {max-width:100%;} Have you wondered why some employees dont receive overtime pay? Almost all Oregon employers are subject to the Fair Labor Standards Act (FLSA), and the minimum salary to qualify for exemption under that law is $684 per week or $35,568 annually (allowing up to 10% of the salary basis threshold to be met with nondiscretionary bonuses/incentives, including commissions, paid at least annually). 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,. Federal government websites often end in .gov or .mil. The list does not include the city/county thresholds for California. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and, Police, Fire Fighters, Paramedics & Other First Responders. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. There are a number of pros and cons why an employer would want an employee to be exempt. This was set in 2020 and will go through 2023, but is subject to being changed and likely will go up with time. This field is for validation purposes and should be left unchanged. //this code handles the closing of the button event if any are expanded. As of January 1, 2022, the minimum salary amount is $735.59 per week for exempting a worker from overtime. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Fact Sheet #17E:Exemption for Employees in Computer-Related Occupations Under the Fair Labor Standards Act (FLSA) Revised September 2019 *Note: The Department of Labor revised the regulations located at 29 C.F.R. Job titles do not determine exempt status. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. The actual job tasks must be evaluated, along with how the particular responsibilities work within the organization. While an hourly wage consists of compensation for each hour worked, a salary means an employee is paid a guaranteed amount for each pay period, regardless of how many hours they work. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 2, Joint Employment and Independent Contractors Under the Migrant and Seasonal Agricultural Worker Protection Act, Employee Polygraph Protection Act of 1988, Application of the Federal Child Labor Provisions to Amusement Parks and Recreation Establishments, Application of the Federal Child Labor Provisions of the Fair Labor Standards Act (FLSA) to Grocery Stores, The Employment of Workers with Disabilities at Subminimum Wages, How to Obtain a Certificate Authorizing the Payment of Subminimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), Prevailing Wages and Commensurate Wages under Section 14(c) of the Fair Labor Standards Act (FLSA), Hours Worked and the Payment of Subminimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Piece Rates to be Paid Workers with Disabilities Receiving Subminimum Wages under Section 14(c) of the Fair Labor Standards Act (FLSA), Determining Hourly Commensurate Wages to be Paid Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA), The Payment of Subminimum Wages to Workers with Disabilities Who Are Employed on Federal Service Contracts Subject to the McNamara-O'Hara Service Contract Act, The 2010 National Community Rehabilitation Program Compliance Baseline Survey, Limitations on the Payment of Subminimum Wages under Rehabilitation Act Section 511, Pre-Employment Requirements for Youth with Disabilities under Rehabilitation Act Section 511, Limitations on the Payment of Subminimum Wages for All Employees under Rehabilitation Act Section 511, Adjusting Commensurate Wage Rates under a Section 14(c) Certificate after a Change in the Minimum Wage, Minimum Wages for Workers With Disabilities Under Executive Orders 13658 and 14026, Child Labor Provisions of the Fair Labor Standards Act (FLSA) for Nonagricultural Occupations, Hotel and Motel Establishments Under the Fair Labor Standards Act (FLSA), Daycare Centers and Preschools Under the Fair Labor Standards Act (FLSA), Minimum Wage, Recordkeeping and Child Labor Requirements of U.S. Law Applicable to Foreign Commercial Vehicle Operators and Helpers, Application of U.S. Labor Laws to Immigrant Workers : Effect of Hoffman Plastic decision on laws enforced by the Wage and Hour Division, The Migrant and Seasonal Agricultural Worker Protection Act, Transportation under the Migrant and Seasonal Agricultural Worker Protection Act, Field Sanitation Standards under the Occupational Safety and Health Act, The Health Care Industry and Youth Employment, The Health Care Industry and Hours Worked, The Health Care Industry and Calculating Overtime Pay, Changes in the Rules on the Employment of Minors Exempt from Compulsory School Attendance in Businesses Where Machines Process Wood Products, Stock Options under the Fair Labor Standards Act (FLSA), Overview of the Regular Rate of Pay Under the Fair Labor Standards Act (FLSA), State and Local Scheduling Law Penalties and the Regular Rate under the Fair Labor Standards Act (FLSA), Bonuses under the Fair Labor Standards Act (FLSA), Hazardous Occupations Order No. Button event if any are expanded level of skills by state the particular responsibilities work within organization. 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