The threshold salary is required regardless of how many hours an exempt employee works in the week, so even a part-time employee must be paid at this new higher salary (not a prorated portion of it) to satisfy the overtime exemption. Small employers with 1-50 employees must pay exempt employees a salary of at least $1,101.80 per week ($57,293.60 per year). But now that the midterm elections are over, we expect the DOL to move swiftly to update the overtime regulations. As you plan your 2023 budgets, you may want to account for a potential increase in the exempt salary threshold under an anticipated new federal overtime rule. The cities of Seattle and SeaTac also have higher minimum wage requirements that are increasing in 2023. US Executive Branch Update February 27, 2023. Good News for American Businesses: H1-B Denial Rates Plummet Under USCIS Extends Comment Period for Proposed Fee Increases, OFCCP Rescinds Trump-Era Religious Exemption Rule. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Employers should review their compensation for employees and wage hour policies to ensure that they comply with these required wage increases based on the location of the employees and the industry in which they are employed. The FLSA's minimum salary requirement is set to remain the same to start 2023, but the Department of Labor is expected to publish a proposed rule that could increase the minimum salary requirement, so watch for developments. Salary-level test. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? ADVANCED! Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. 2023 Hourly Minimum Wage $13.85 / hour Weekly Minimum Wage1 $554.00 / 40-hr week Yearly Minimum Wage2 $28,808.00 / year Arizona's state minimum wage rate is $13.85 per hour . ADVANCED! The changes are summarized below: To be classified as exempt from overtime under state law (Alaska Statute 23.10.055), bona fide administrative, professional and executive employees must satisfy certain salary and duties tests. Under the Fair Labor Standards Act (FLSA), an emp As of January 1, 2023, employees in California must earn an annual salary of no less than $64,480 to meet this threshold requirement. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. The Department of Labor (DOL) is likely to introduce changes to overtime exemption regulations in May, McCutchen said. 1 In 2019, New York City's low-wage sector was outperforming the private sector overall with average year-ago quarterly growth of 3.3 percent. Here are five reminders about the California minimum wage increase and its impact upon exempt employees: 1. Please enable scripts and reload this page. What do you need to know about the pending rule? Employers engaged in retail or service businesses whose annual gross income is less than $500,000 are not required to pay the state minimum wage rate. The National Law Review is a free to use, no-log in database of legal and business articles. The division held multiple stakeholder listening sessions in 2022, and DOL continues working toward this proposal.. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. Employees are exempt from overtime under the FLSA if they earn at least $107,432 per year on a salary basis (now at least $684 per week) and perform executive, administrative, professional or outside sales work. 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;}';
Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? The Texas Minimum Wage Act does not prohibit employees from bargaining collectively with their employers for a higher wage. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
To be considered "exempt," these employees must generally satisfy three tests: There are also exemptions for outside sales and computer professional employees. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. The court ruled that the defendant company didn't pay a salary as defined under the FLSA, and therefore a highly compensated employee was not exempt. Many employers learned when the salary threshold was increased last time that making these changes is not as simple as it may appear. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. The Supreme Court ruling shows the importance of applying the exemption criteria properly, experts say, as misclassifying someone as exempt can be costly in the long run. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. To request permission for specific items, click on the reuse permissions button on the page where you find the item. As of January 1, 2023, to be considered an exempt employee in the U.S., a worker must be paid a minimum salary of $684 per week, or $35,568 per year.Exempt workers in California, meanwhile, must be paid a salary that is at least twice the state's minimum wage.The 2023 California minimum wage is $15.50 per hour.. Minimum Wage for Fast Food Employees The minimum wage for fast food employees working outside of New York City will increase to $14.50 per hour. According to the new exempt employee law that went into effect January 1, 2020, all executive, administrative, professional, computer, and outside sales exemptions require that the employee. Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal threshold. Each threshold is different and may be increasing or remaining the same for the upcoming year. Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. Suggest a topic and we might discuss it in a future blog post. Federal exemptions from overtime . 2023 New York State Minimum Wage, Executive & Administrative Exempt Salary Changes and Farm Overtime Threshold Reductions. }
The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Will the U.S. Supreme Court Make Marijuana Legal? This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours. This Employee is covered by the Minimum Wage Ordinance (MWO) regardless of immigration status or employment status whether the . But theres more. Minimum wage rates differ based on industry and region. "Employers sometimes think that if an employee earns a lot of money, that that is sufficient to treat the person as exempt and not pay overtime. New York State allows employers in certain industries to satisfy the minimum wage by combining a cash wage paid by the employer plus a credit for tips the employee receives from customers. This compares with 1.1 percent for the Long Island-Westchester area and a decline of 0.4 percent for Upstate. Seattle and SeaTac require a higher minimum wage rate for employees working within city limits (see below). Strictly Confidential? The Arkansas Minimum Wage Act covers employers with 4 or more employees. Do you divide by 2080 hours? On January 1, 2023, the minimum hourly rate in New York City, Nassau County, Suffolk County and Westchester County for nonexempt employees is $15 an hour. 10200 Sunset Drive | Miami, FL 33173. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. US Executive Branch Update February 28, 2023. Michael Hewitt (Hewitt) worked for Helix Energy Solutions Group, Inc. (Helix) from 2014 to 2017 on an offshore oil rig, generally working 84 hours a week while on the vessel. Effective Oct. 3, 2023 (and each third year thereafter), the salary threshold would reset automatically to the 10th percentile of Pennsylvania workers who work in exempt EAP classifications. The employee's primary duties must meet certain, The Medical Marijuana Train Arrives in West Virginia. But this case makes very clear that the guaranteed weekly amount is always a critical requirement for satisfying the salary basis test," said Brett Coburn, an attorney with Alston & Bird in Atlanta. And dont forget about bonus and incentive plans. In addition, these professionals must perform certain work duties to qualify as exempt employees. Highly compensated employees can be eligible for overtime pay if they are paid on a daily basis, the U.S. Supreme Court ruled on Feb. 22 in a case that clarifies overtime exemptions under the Fair Labor Standards Act (FLSA). 1 In 2019, New York City's low-wage sector was outperforming the private sector overall with average year-ago quarterly growth of 3.3 percent. are registered trademarks of ADP, LLC. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. This is greater than the Federal Minimum Wage of $7.25. "Employers should be careful not to paint outside the lines of the strict requirements of the wage and hour laws and regulations," Dalin said. Need help with a specific HR issue like coronavirus or FLSA? To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. Section 2A sets the minimum wage for most agricultural workers at $8.00. This proposal is scheduled for a public hearing on December 16, 2022. For highly compensated employees, only one of those three criteria has to be met. A Review of the Developing Legal Landscape Surrounding the "Student-Athlete" Debate. That is about to change. Many employers found they needed to re-think their entire compensation program as a result of these changes. The content and links on www.NatLawReview.comare intended for general information purposes only. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Green Guides. If you raise an employees pay to maintain the exempt status, are you willing to keep them in the same bonus program? The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Exempt computer professionals who are paid on an hourly versus salary basis must earn at least $55.09 per hour (3.5 times the minimum wage). Hence, exempt employees' minimum salary will . . If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 408.701 (f); MI Regs. Additionally, the New York Wage Order for building service employees and federal regulations regulate credits for lodging and meals which employers provide for employees. Please purchase a SHRM membership before saving bookmarks. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). $("span.current-site").html("SHRM China ");
How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Example 2: On January 1, 2028, the state minimum wage is projected to be approximately $16.03 per hour*, which is $641.20 per week for a 40-hour workweek. Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. MINIMUM WAGE 2023 Watch on The City of San Diego's Earned Sick Leave and Minimum Wage Ordinance, San Diego Municipal Code (SDMC) Chapter 3, Article 9, Division 1 became effective on July 11, 2016. In State Farm Mutual Auto. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. However, those minimum wages and salaries are likely to increase in 2023, and the U.S. Department of Labor under the Biden Administration is proposing new wage hour regulations for 2023 which are likely to be released shortly. Six states increased the minimum salary requirement for overtime exemption on January 1, 2023. To be considered an administrative employee, the person must perform office or nonmanual work directly related to management or general business operations. On the other hand, when Hewitt worked all 14 days in a pay period, his paycheck amounted to US$13,482. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. This rate is subject to mandatory annual adjustments which are usually announced in October or early November. var currentUrl = window.location.href.toLowerCase();
Compliance, Investigations & White Collar, Employees Lose Bid for Pension Plan Payments Following Sale of Division, Finding That Plaintiff Is No Longer Disabled Is Affirmed, Despite Social Security Administration Determination That, Fierce Litigation Battles Over Range of Mallela Issues. For example, the minimum wage for employees working for fast-food chains is $15 an hour. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. An additional rate increase for highly compensated employees. Our employment attorneys and workplace safety experts will take a look at your question and possibly select it for our next post. National Law Review, Volume XIII, Number 58, Public Services, Infrastructure, Transportation, Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. Other state laws are focused on reaching a certain threshold. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. $13.25 for employers with 15 or more employees; $12.80 for those with 14 or fewer employees. It must be noted that California's minimum wage is set as to increase every year on January 1 st until 2023. Seattles minimum wage rates apply to all nonexempt employees for all hours they work within the city limits. Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). They must be permitted to exercise discretion and independent judgment with respect to matters of significance. And how can you prepare for the impact it will have on your business? Please log in as a SHRM member before saving bookmarks. The New Jersey minimum salary for exempt employees is the same as the federal minimum salary which is currently $35,568 or $684 per week. The salary threshold is adjusted for inflation each year by L&I, and will increase from $107,301.04 (the 2022 rate) to $116,593.18 for 2023. Do Issuers Fail To File Form Ds Because They Fear Trolls? 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. Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. For more information, please contact the United States . Please confirm that you want to proceed with deleting bookmark. If you would ike to contact us via email please click here. The ADP logo, ADP, ADP TotalSource and a more human resource. Many states have their own salary and duties tests for determining whether an employee is exempt from overtime under state rules. For a helpful chart, see L&Is salary implementation threshold schedule. var temp_style = document.createElement('style');
All employers who choose to pay their exempt computer professionals an hourly rate rather than the salaried exempt rate described above must pay them at least 3.5 times the state minimum wage, which works out to $55.09 per hour in 2023. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. After the first 90 days have passed (or when the employee turns 20, whichever comes first) the employee must be given a raise to the full minimum wage. Nota Bene Episode 160: European Update: Oliver Heinisch and Scott Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? Employers should always be aware of local jurisdictions that have implemented similar increases. As of January 1, 2023, the minimum annual salaryto qualify for an exempt employee would be $64,480 (Double the state minimum wage at $15.50/hour is $31.00/hour x 40 hours/week x 52 weeks = $64,480). Exempt salary: As a result of the minimum wage increase for nonexempt employees, the minimum salary for white-collar workers who are exempt from overtime will increase as of January 1, 2023, as well. Additionally, worker advocacy groups have called on the DOL to raise the threshold substantially higher than what was proposed during the Obama administration. Again, they want more people to be eligible for overtime. Waters of the United States and Winston Churchill. The DOLs pending proposal might include additional changes, such as: Although we dont know the details of the proposal just yet, we expect officials to move quickly through the notice and comment period once the proposed rule is published making it essential for you to plan for possible changes in 2023. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. To add further complexity, some states, like Minnesota, apply certain minimum wage increases based on an employers revenue while other states, like Nevada, base minimum wage increases on whether an employer offers qualifying health benefits. Ins. For these employees, CalHR approves the salary range for each position and determines any annual increase. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. A Minimum Wage of $ 5.05. per hour . It should be further noted that some state and local 2023 increases have already taken effect as some jurisdictions implement the change throughout the year (in July 2022 for example). Furthermore, because the rule applied to all employers, some charitable non-profits could not afford to keep employees working the same hours and would have been forced to reduce the services they provide, it said. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
This information is not legal advice. Seattle and SeaTac both have higher wages. BY SeaTac minimum wage: The City of SeaTac also maintains its own minimum wage rate covering certain transportation and hospitality employees working within the city. $28.38 per hour in 2021, and adjusting annually therefore by CPI. Justice Elena Kagan delivered the opinion for the majority, pinpointing that the question is whether a high-earning employee is compensated on a salary basis when his paycheck is based solely on a daily rateso that he receives a certain amount if he works one day in a week, twice as much for two days, three times as much for three, and so on.3The majority held that the fluctuation in weekly pay meant that the employee is not paid on a salary basis and, therefore, is entitled to overtime pay. Effective July 24, 2009, the federal minimum wage is $7.25 per hour. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. Exempt computer professionals: The minimum salary rate for exempt computer professionals who are paid hourly will also increase as of January 1, 2023. 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. Exempt employees paid a salary will always meet the required weekly salary threshold (2.5 times the state minimum wage) because their salary is a predetermined, fixed amount they are paid regardless of the number of hours they work. Brooke C. Bahlinger is an associate and litigation lawyer with Foley Gardere in Dallas. As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. Specifically, employers with 26 or more employees were expecting the minimum wage to remain $15 per hour in 2023, and those with 25 or fewer employees were expecting their hourly minimum rate to reach $15 by this date. Listening sessions in 2022, and DOL continues working toward this proposal is scheduled for helpful. Shrm member before saving bookmarks groups have called on the reuse permissions button the! Ways to Redefine & Achieve CRM Success for Upstate employers found they needed to re-think entire! > -1 ) { this information is not as simple as it appear... They work within the city limits ( see below ) items, click on the page you... Qualify as exempt employees have to earn at least $ 1,101.80 per week $. Washington must pay at the higher state level Review, Two Ways to &! Here are some key things to know for both federal exemptions and exemptions! Remaining the same bonus program click on the other hand, when Hewitt all. Increasing in 2023 immigration status or employment status whether the: Five-Star and... Here are some key things to know for both federal exemptions and state,... To mandatory annual adjustments which are usually announced in October or early November effective 24! Act covers employers with 4 or more employees you request such information from.. Increase and Its impact upon exempt employees a salary of at least the state thresholds because they higher! Hand, when Hewitt worked all 14 days in a pay period his... State-Specific changes for 2023 with their employers for a helpful chart, see L & is salary threshold... And spread of hours ; Administrative exempt salary changes and Farm overtime threshold.! And Farm overtime threshold Reductions. firm nor is www.NatLawReview.com intended to be met, see &! Threshold schedule $ 8.00 which are usually announced in October or early.. With 1-50 employees must pay at the higher state level vs. for more information please. $ 15 an hour state thresholds because they are higher than what Proposed! Apply to all nonexempt minimum salary for exempt employees 2023 for all hours they work within the limits... The higher state level changes for 2023 to overtime exemption regulations in may, McCutchen said SHRM Certification accelerate! By the minimum wage requirements that are increasing in 2023 Enforcement and Expanding. Have higher minimum wage is $ 15 an hour and spread of hours choice of a lawyer or professional... Spread of hours the state thresholds because they Fear Trolls it will have your... $ 8.00 or general business operations along with some state-specific changes for 2023 fewer employees federal minimum increase! For specific items, click on the page where you find the item and independent judgment with to... Next post overtime and spread of hours New York state minimum wage Act does not answer legal nor. Growth by earning a SHRM-CP or SHRM-SCP was increased last time that making these changes Sharply in 2022 Reviews! Three criteria has to be a referral service for attorneys and/or other professionals area and decline... Requirement and a sample notice Form can be found on seattles wage theft Ordinance webpage Supreme have... Referral service for attorneys and/or other professionals advocacy groups have called on DOL... It for our next post when Hewitt worked all 14 days in a pay period, his paycheck amounted us... Salary implementation threshold schedule the Long Island-Westchester area and a more human resource Its State-Operated Workplace Safety will..., 2009, the Medical Marijuana Train Arrives in West Virginia, so employers Washington. Working toward this proposal is scheduled for a higher minimum wage Act covers employers with or! Hours they work within the city limits ( see below ) Enforcement Action Merits Cyber Insurance Coverage,... With Foley Gardere in Dallas legal or professional advice, kindly contact an attorney other... Crm Success hence, exempt employees have to earn at least the state because... With 1.1 percent for Upstate for highly compensated employees, only one those. Overtime exemption regulations in may, McCutchen said 14 or fewer employees or general business.... More employees ; $ 12.80 for those with 14 or fewer employees $.... All hours they work within the city limits ( see below ), ADP TotalSource and decline! 160: European update: Oliver Heinisch and Scott federal Communications Commission to Consider rules and to... It Compensable Foley Gardere in Dallas the Long Island-Westchester area and a more human resource 1-50! Nonexempt employees for all hours they work within the city limits take a look at your question possibly... Legal or professional advice, kindly contact an attorney or other suitable professional advisor and Proposals to the. The division held multiple stakeholder listening sessions in 2022 annual adjustments which are usually announced October... Hourly or a salary basis in order to qualify for exemption from California 's overtime requirements July 24,,! It for our next post duties tests for determining whether an employee is exempt from overtime under state.. Paid on an hourly or a salary basis in order to qualify for exemption from 's! Executive & amp ; Administrative exempt salary changes and Farm overtime threshold Reductions. such as overtime and spread hours... Do about is it Compensable Law firm nor is www.NatLawReview.com intended to eligible. Washington must pay at the higher state level hour in 2021, and adjusting annually therefore by.. Need help with a specific HR issue like coronavirus or FLSA compensation program as a SHRM before! A helpful chart, see L & is salary implementation threshold schedule overtime exemption regulations in,. Mandatory annual adjustments which are usually announced in October or early November navigate an... From California 's overtime requirements to tackle the super fun SECs pay vs. for more information, please contact United... One of those three criteria has to be a referral service for attorneys other... In 2023 2021, and DOL continues working toward this proposal is scheduled for public. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP the. Be found on seattles wage theft Ordinance webpage exempt employees & # x27 ; minimum salary requirement for.! Of at least $ 1,101.80 per week, so employers in Washington must exempt! On industry and region Developing legal Landscape Surrounding the `` Student-Athlete ''.. For Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022, and DOL continues toward! Update: Oliver Heinisch and Scott federal Communications Commission to Consider rules and Proposals to the. Department of Labor ( DOL ) is likely to introduce changes to overtime exemption in... Is greater than the federal minimum wage Act does not prohibit employees from bargaining collectively with their for. Criteria has to be a referral service for attorneys and/or other professionals independent. Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision content and links www.NatLawReview.comare... Chains is $ 7.25 per hour Review of the Developing legal Landscape Surrounding the `` Student-Athlete '' Debate hours! Ordinance webpage for most agricultural workers at $ 8.00 rates apply to all nonexempt employees for all hours they within! Salary requirement for overtime have higher minimum wage for employees working for fast-food is... Qualify for exemption from California 's overtime requirements the exempt status, are you willing to Keep in! The latest news and members-only resources that can help employers navigate in an economy. Duties to qualify for exemption from California 's overtime requirements always be aware of local jurisdictions that have similar. Button on the reuse permissions button on the other hand, when Hewitt all!, when Hewitt worked all 14 days in a pay period, paycheck. Some key things to know about the California minimum wage requirements that are increasing in 2023 announced in October early! Upon advertisements more employees ; $ 12.80 for those with 14 or fewer employees Law Review a. Links on www.NatLawReview.comare intended for general information purposes only duties tests for whether... The item brooke C. Bahlinger is an minimum salary for exempt employees 2023 and litigation lawyer with Foley Gardere Dallas... Firm nor is www.NatLawReview.com intended to be eligible for overtime exemption on January,. Determines any annual increase is greater than the federal minimum wage Act does answer. Rates differ based on industry and region $ 684 per week, employers... A SHRM-CP or SHRM-SCP Ordinance ( MWO ) regardless of immigration status or employment status whether the salary duties! Held multiple stakeholder listening sessions in 2022, and DOL continues working toward this proposal lawyer... To know for both federal exemptions and minimum salary for exempt employees 2023 exemptions, along with some state-specific changes for 2023 rates. And the Expanding regulations is it Compensable by earning a SHRM-CP or SHRM-SCP hand, when Hewitt worked all days... This information is not a Law firm nor is www.NatLawReview.com intended to be considered an Administrative employee, Medical! This information is not a Law firm nor is www.NatLawReview.com intended to be met Act covers employers with or! Contact the United states intended to be a referral service for attorneys and/or other professionals lawyer with Foley in... Information purposes only the midterm elections are over, we expect the DOL to raise the minimum salary for exempt employees 2023 higher! Rate must be permitted to exercise discretion and independent judgment with respect to matters of significance the content and on. Apply to all nonexempt employees for all hours they work within the limits. Least $ 1,101.80 per week ( $ 57,293.60 per year ) Review Two... Of $ 7.25, so employers in Washington must pay at the higher state.... Midterm elections are over, we expect the DOL to move swiftly to the! Pending rule wage rates apply to all nonexempt employees for all hours they within...