12. Additionally, 5 states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. In a regulatory agenda published on December 10, the Department of Labor announced its intention to review and update Fair Labor Standards Act regulations regarding the overtime threshold.. Find out more about the announcement and what it could mean for your organization in 2022. See WAC 296-128-533(1)(c). Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Employers are required to provide a reasonable amount of break time to express milk as frequently as needed by the nursing mother. The changes are summarized below: 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. Please enable scripts and reload this page. An employee whose primary duty is in an overtime eligible position will carry that eligibility over to the nonexempt assignment, while an employee whose primary duty is in an overtime exempt position can perform work that would be overtime eligible without losing the exemption. The performance of certain types of work in an employees home is prohibited under the law unless the employer has obtained prior certification from DOL. $("span.current-site").html("SHRM China "); Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next Scheduled Review: 04/01/2022 . Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employers business. The new salary threshold is $958.30 per week meaning that if the position calls for the employee to work 40 weeks out of the year, then the ability to exempt the position from WMWA would depend on whether or not the employees weekly salary exceeds $958.30 per week. Under the WMWA, the standard salary threshold is higher and more favorable to the worker. A 3-year statute of limitations applies in cases involving willful violations. invited to join. What changes were made to the WMWA rules? Unless exempt, employees covered by the Fair Labor Standards Act must receive at least time and one-half their regular pay rate for all hours worked over 40 in a workweek. Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if: Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. Such individuals include student-learners (vocational education students), as well as full-time students in retail or service establishments, agriculture, or institutions of higher education. If you have questions on whether a certain type of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local WHD office. And, what is the overtime status of an employee who works in an overtime exempt position, but also teaches on the side? It is up to the agency to apply the new salary basis test so that employees would switch from overtime eligible to overtime exempt mid-pay range. [CDATA[/* >