The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. 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. See new exemption . These changes affect executive, administrative, and professional (EAP) workers as well as outside salespeople and computer professionals across all industries in Washington. Some states also bumped their exempt . The new state minimum wage for 2023 is $15.74 an hour. Employees aged 14 to 15 years must earn at least $13.38 per hour. Beginning January 1, 2023, these employees must earn at least: $53.80 per hour (for all hours worked); or A monthly salary of $9,338.78; and An annual salary of $112,065.20 Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. 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. Especially in changing times, thank you so much for your hard work and all you do for Seattle University and our campus community. The Washington state overtime threshold for exempt jobs as of January 1, 2023 is set by state rule at 2 times the state minimum wage and will be $1,259.20 per week. 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). Washington Visit Here. The 2023 threshold of $65,484 will be approximately 24.1% higher than the 2022 threshold. L&I has created an online overtime resource center to assist employers in understanding these salary requirements, including charts, fact sheets, workshops, and webinars. New salary threshold implementation schedule, Threshold phase-in schedule for computer professionals paid hourly. Mr. Pankratz has extensive experience representing employers both locally and nationally on various employment Brenda Bannon is of counsel in the Seattle office of Ogletree Deakins and joined the firm in March 2019. These workers are typically "white collar" workers who often have more economic security and relative bargaining power than lower-wage workers. Employers may want to consult legal counsel about how this rule may impact them. Licenses for Exports to Are You Ready for the UPC? The FLSA allows for exemptions from these overtime and minimum wage requirements for certain employees who work in administrative, professional and executive jobs (known as "exempt" employees). Seattle and the City of SeaTac have minimum wage rates higher than the state minimum. The L&I salary threshold will change annually through 2028. This content provides practical information concerning the subject matter and is provided with the understanding that ADP is not rendering legal advice or other professional services. Accepting Cryptocurrency and Digital Asset Donations: What Charities Need to Know. Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. This same threshold applies to part-time employees; it is not pro-rated for employees who are less than full-time. To be classified as exempt from New York's overtime requirements, executive and administrative employees must meet minimum salary requirements and satisfy certain duties tests. How you can stay informedCheck out the overtime rules fact sheet. Federal law establishes a minimum salary of $684 per week for the professional exemption. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. Sign up to receive email updateson the overtime employment rule changes and other wage matters. Washington's overtime employment rules have changed. The following is a comprehensive list of the exempt status salary threshold by state. In many cases, the state criteria are harder to meet than the federal criteria. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. The Washington State minimum wage increases Saturday, reflecting inflation over the past year. The service requires full cookie support in order to view this website. https://www.lni.wa.gov/news-events/article/22-026 The minimum hourly wage for employees sixteen and older will increase to $15.74 per hour. BREAKING DOWN THE PRIVACY ACT REVIEW REPORT #3: Removal of The Small White House Releases National Cybersecurity Strategy, Illinois High Court Rules Per-Scan Damages Can Be Awarded Under BIPA, Grassley-Wyden Bill Aims to Fix Broken Tax Whistleblower Law, Lessons Learned From 2022s Trade Secret Verdicts, Mass. Watch future newsletters for an update on the increased rate for 2023. Note: There is also a professional exemption under state law. In 2023, small employers (one to no more than fifty employees) must pay exempt employees 1.75 times the minimum wage, meaning that exempt employees of small employers must earn at least $1,101.80 per week ($57,293.60 per year) to meet the minimum salary requirement to be exempt from overtime requirements. $58,240 (employers with 25 or fewer employees), $62,400 (employers with 26 or more employees), $64,480 (All employers regardless of size), $58,511 (NYC, Nassau, Suffolk, Westchester), $55,341 (12/31/2022 for All other NY Workers), ~$50,740 (1.75 x Minimum Wage, All Employers 2022), ~$57,293.60 (1.75 x Minimum Wage, Employers with 1-50 Employees). Details are available on the Department of Labor and Industries (L&I) Washington minimum wage webpage. (1) $45,000 ($865.38/week) an exempt executive, administrative, or professional employee; (2) $101,250 for those who meet the duties-requirements for HCE employees. BY The city hasnt yet announced the 2023 rate for those employees. The salary rates may vary depending on the city/county where an employee resides/works in California. The state previously used two job duties tests that have been reduced to one test with language that now more closely aligns with the federal job duties tests. Its Here The New National Cybersecurity Strategy. The list includes some special districts in states but does not include all of said districts. Her practice extends to private sector clients. Seattles minimum wage rates apply to all nonexempt employees for all hours they work within the city limits. The Temporary Employment and Student Employment Classification/Compensation Plansareavailable on theHRS website. The Washington State minimum wage will see a steep increase in 2023, due to the 8.6% rate of inflation. Effective January 1, 2023, civil service employees at these impacted salary ranges and step will be adjusted to minimum wage. Critically, the nonexempt classification is not a reflection of the importance of a position. Michigan PFAS Challenge Arguments Briefed For The Court. Given the steep increase in the minimum wage, the states salary requirements for exempt employees are also increasing significantly. If you have questions about which rates apply to your employees or whether they are exempt, contact your Vigilant Law Group employment attorney. As a result of a new state minimum wage, the salary thresholds used to determine which workers are exempt from overtime under state law also increased effective January 1, 2023: Note: Employers of any size may pay exempt computer professionals by the hour, provided they pay at least 3.5 times the minimum wage ($55.09 per hour in 2023). In addition, many of our staff colleagues perform duties that meet the laws exemptions for Executive, Administrative, or Professional positions. Other factors will have an impactChanges in Washingtons minimum wage are now calculated each year. You can read theadopted rule language in Chapter 296-128 of the Washington Administrative Code. 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. For additional information, you can contact L&I's Employment Standards program atEAPrules@Lni.wa.gov or 1-866-219-7321. In 2023, the minimum wage rate in Washington State will increase to $15.74 per hour for employees 16 years of age and older, the Washington State Department of Labor & Industries announced on Sept . Large employers (fifty-one or more employees) must pay exempt employees at least two times the minimum wage to meet the minimum salary requirements. Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. This process is automatic. Justice Department Announces Application Form for Marijuana Pardon Certificates, HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW AVAILABLE to Everyone. In order to be exempt from overtime, employees must also meet one of the duties tests. . However, if paid by the hour, the minimum hourly rate for 2022 for computer professionals is $50.72 per hour. 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). Please enable JavaScript on your browser and try again. The specific minimum wage requirements for 2023, shown on the citys minimum wage webpage, will be: Employers are required to provide a written notice to each employee working in Seattle before any change in their wage rate or other terms of employment. If you would ike to contact us via email please click here. STATE does not have a highly compensated employee exemption. Six states increased the minimum salary requirement for overtime exemption on January 1, 2023. 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. We need your faithful generosity to exceed $28,600,000 in . 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. The annualized L&I threshold for 2022 is $52,752. US Executive Branch Update March 2, 2023. SeaTac minimum wage: The City of SeaTac also maintains its own minimum wage rate covering certain transportation and hospitality employees working within the city. 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. Under the states exemption for highly technical computer employees, the employee may be paid by salary (at least $961.54 per week in 2023) or by the hour ($31.41 per hour in 2023). Employees with a combination of FTE and salary that falls below $1,259.20 per week will be converted to an overtime eligible job code no later than the last week of December 2022. For a helpful chart, see L&Is salary implementation threshold schedule. These laws require the university to provide overtime pay to employees for any work hours exceeding 40 hours in a given workweek unless that employee is exempt from these laws. The state of Washington has announced increases in the minimum wage rate and the exempt salary thresholds for employees, effective January 1, 2023. Our employment attorneys and workplace safety experts will take a look at your question and possibly select it for our next post. Chris Edison, L&Is salary implementation threshold schedule, State Laws on the White Collar Exemption from Overtime, ADA: Reasonable Accommodation and the Interactive Process, Vigilant Member Hiring & Retention Survey, $18.69 per hour (up from $17.27 per hour) for large employers (more than 500 employees worldwide); or, $18.69 per hour for smaller employers (500 or fewer employees) who dont pay at least $2.19 per hour toward an employees medical benefits and/or if the employee doesnt earn at least that much per hour in tips; or. Effective January 1, 2023, student and non-student hourly employeeswith a pay rate below minimum wage will be automatically increased to $15.74 per hour. Managers will need to assess staffing patterns and design the work to balance resources and overtime. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. They will be paid for all hours worked, and time and a half (or compensatory time at time and a half) for all hours worked over 40 in a workweek. Beginning January 1, 2022, the Washington State's minimum wage will be $14.49 per hour, increasing from the current minimum wage of $13.69 per hour. 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. The rate changes in 2024 as employers with 1-50 employees increase at least 2X the minimum wage. This is true in certain other states as well, some of which will have a new minimum wage in 2023. 2023 University of Washington | Seattle, WA, University of Washington Human Resources Home, Final candidate guide to COVID-19 vaccination requirement, HR Benefits, Analytics & Information Systems, Professional & Organizational Development, FLSA and WMWA overtime eligibility and exemption, Checklist Create professional staff temporary position, Department responsibility for pay equity review, Wage and salary setting for staff and student positions, Student hourly employee compensation and work hours limits, Total compensation statements for UW staff, WA State threshold for OT exempt employees will rise in 2023 by 24%. The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Employers have several options to comply with the new federal and state salary thresholds: Reclassify exempt positions as hourly, non-exempt positions.
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