.manual-search-block #edit-actions--2 {order:2;} While the . } @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} .cd-main-content p, blockquote {margin-bottom:1em;} 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. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The remaining parts of New York State, not including New York City, increased the minimum wage from $12.50 to $13.20 an hour in 2022. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} This exemption test is arguably the most difficult to discern. 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,. The employees primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and. For non-exempt employees, it can be as simple as setting hourly requirements, tracking them, and then setting performance expectations accordingly. ol{list-style-type: decimal;} .h1 {font-family:'Merriweather';font-weight:700;} document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. If you are interested in learning more about non-exempt employees, check out Eddys HR Encyclopedia article here. For example, a salaried employees base pay may not be reduced based on work output, poor job performance, or partial day absences. Its important to set expectations with exempt employees. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Subscribe to our blog for the latest employment law news. If you do, we'll connect you to a qualified lawyer today. Be a part of a free community with other people just like you. The .gov means its official. For more information specifically about FLSA, go to Eddys HR Encyclopedia article here. These exemption tests are called FLSA exempt job duties. For more information on the penalty adjustments, go here. For more information on the penalty adjustments, go, 29 CFR 570.140(b)(1) and 29 CFR 579.1(a)(1)(i)(A). This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. $961.54 per week ($50,000 per year) January 1, 2024. It might be too broad to say any whole industries are exempt from FLSA. California. Security Guards, Protect, building, commercial, residential, intruders, damage, threat, watchman, defender, custodian, lookout, patrol, armed, unarmed, Rental Agencies, Properties, rental, sale, purchase, lease, broker, lender, residential, commercial, land, farm, invest, mortgage, home, owner, new-build, construction, property, loan, architecture, agent, banking, apartment, finance, realtor, landlord, Retail Industry, Store, shop, supermarkets, telemarketing, client, shipping, discount, merchandise, online, marketing, manufacture, clothes, shipping, packers, customer, fashion, style, inventory, cashier, customer service, State Governments, national, state, local, government, representative, constitution, tax, politics, economy, public, agencies, interstate. part 541 with an effective date of January 1, 2020. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. with GovDocs Employment Law News. $(document).ready(function () { Non-exempt employees fall under FLSA and have to be paid overtime (at least time and a half) if they work more than 40 hours in a week. Employers must comply, for example, with any Federal, State or municipal laws, regulations or ordinances establishing a higher minimum wage or lower maximum workweek than those established under the FLSA. The previous minimum salary for exempt employees in Long Island and Westchester was $1,050 per week or $54,600 per year.