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. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. 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. 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. The rate changes in 2024 as employers with 1-50 employees increase at least 2X the minimum wage. Exempt computer professionals: The minimum salary rate for exempt computer professionals who are paid hourly will also increase as of January 1, 2023. The changes update minimum salary level and job dutiesUnder the approved changes, the minimum pay a salaried worker must receive to be considered exempt would increase incrementally to 2.5 times the state minimum wage by 2028. Can Nonprecedential Decisions Be Relied Upon? This is true in certain other states as well, some of which will have a new minimum wage in 2023. In addition, many of our staff colleagues perform duties that meet the laws exemptions for Executive, Administrative, or Professional positions. Please understand that merely contacting us does not create an attorney-client relationship. The content and links on www.NatLawReview.comare intended for general information purposes only. We need your faithful generosity to exceed $28,600,000 in . Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal threshold. Due to an increase in the state's minimum wage, the minimum salary required for the administrative, professional and executive exemptions from overtime under state law increased to $796.17 per week on January 1, 2023. The city hasnt yet announced the 2023 rate for those employees. The 2023 minimum wage rate in Washington State will increase to $15.74 per hour for employees sixteen years of age and older, the Washington State Department of Labor & Industries announced on September 30, 2022. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. To be considered "exempt," these employees must generally satisfy three tests: Note: There are also exemptions for outside sales and computer professional employees. Y321N-!s%/ 6aG3TbAx1}Net3BIYr[@KdqZ?w*. HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. If other salary changes are needed, departments should process those actions in accordance withuniversity policies. The Washington state overtime threshold for exempt jobs as of January 1, 2021 is set by state rule at 1.75 times the state minimum wage and will be $958.38 per week. This increase impacts the 2022 salary thresholds for overtime exempt workers; specifically, to be exempt from overtime pay, an employee needs to be paid at least $1,014.30 per week ($52,743.60 annually). For additional information, you can contact L&I's Employment Standards program atEAPrules@Lni.wa.gov or 1-866-219-7321. This information is not legal advice. Following a nationwide trend (including California, Delaware, Illinois, Pennsylvania, and other states), Wisconsin Governor Tony Evers announced he will be issuing a safer-at-home order in response to the COVID-19 outbreak. Given the steep increase in the minimum wage, the states salary requirements for exempt employees are also increasing significantly. In 2019, at the direction of Governor Inslee, the Washington State Department of Labor & Industries (L&I) published a new schedule of minimum salary thresholds through January 1, 2028. L&I has created an online overtime resource center to assist employers in understanding these salary requirements, including charts, fact sheets, workshops, and webinars. Although the federal minimum wage has been $7.25 for years, 29 states and Washington, D.C., have higher rates, and many new wage hikes took effect this year. National Law Review, Volume XII, Number 277, Public Services, Infrastructure, Transportation. Their current minimum wage is $17.54 per hour. 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. 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). Mar 02, 2023 Minimum Wage (2022) In keeping with the gradual increase in the State's minimum wage levels, the new tiered rates across the State, effective December 31, 2021, are listed below. If an employee is covered by both federal and state law but doesn't meet both sets of tests, employers should consult with counsel to determine how they should classify the employee in that particular situation. Using the 2023 minimum wage starting January 1, 2023, L&I calculated the salary thresholds for employers with 1-50 employees to be at least 1.75X the state minimum wage, or $1,101.80/week ($57,293 . Seattles minimum wage rates apply to all nonexempt employees for all hours they work within the city limits. For employees working in Seattle and the City of SeaTac, the local minimum wage rate applies as long as it remains higher than the state minimum. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. Managers will need to assess staffing patterns and design the work to balance resources and overtime. HRS will assist colleges/areas in evaluating the impact of these changes. The minimum salary threshold will increase through January 1, 2028, at which time it is projected to reach $93,288. She has successfully defended cases before the United States Court of Appeals for the Ninth Circuit and the Washington State Court of Appeals. Given the steep increase in the minimum wage, the states salary requirements for exempt employees are also increasing significantly. As you know, SU complies with federal, state, and local laws relating to employee wages and hours, including the federal Fair Labor Standards Act (FLSA) and the Washington State Minimum Wage Act (MWA). Federal law establishes a minimum salary of $684 per week for the professional exemption. The public submitted almost 2,300 comments by email, fax, and mail, and 182 people testified during public hearings during this process. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. Changes to these rules mean some employers might have to provide overtime, minimum wage, and paid sick leave to some employees who were previously treated as exempt. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. These changes affect executive, administrative, and professional (EAP) workers as well as outside salespeople and computer professionals across all industries in Washington. www.grsm.com is using a security service for protection against online attacks. Effective January 1, 2023 under the WMWA, the minimum actual gross salary a position can be paid and still remain overtime exempt increased from $1,014.30 per week to $1,259.20 per week ($65,484 per year or $5,457 per month). Your assigned HRS representative will be in contact with you with additional information. Departments must monitor employee work location to ensure the pay rate is correct and make necessary adjustments. The overtime threshold . Important information for employers is also available via the firms webinar and podcast programs. 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. This means that the universitys Executive, Administrative or Professional staff members who earn less than $65,478.40 as of January 1, 2023along with tens of thousands of similarly situated employees across the statewill no longer be exempt. HR will reclassify those employees as nonexempt on January 1, 2023. Note: In Colorado, an exempt employees salary generally must also be sufficient to satisfy the minimum wage for all hours worked in a workweek. Hes full of profound truisms, and this one has always, On January 14, 2023, the Washington Department of Labor & Industries (L&I)s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the, Evaluate classifications for employees paid a daily rate This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. So You're Green Prove It or Be Prosecuted: ACCC Sweep Finds 57 California Court of Appeal Addresses When Violations are Willful or Whats new in Belgium on the employment front? Large employers (fifty-one or more employees) must pay exempt employees at least two times the minimum wage to meet the minimum salary requirements. The change in the state minimum wage also increases the new state minimum salary thresholds for Overtime Exempt Employees. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. Employer with more than fifty employees - an amount not less than 2.0 times the state minimum wage prescribed in WA Statute 49.46.020 for a forty-hour workweek. 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. Statement in compliance with Texas Rules of Professional Conduct. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. In 2023, large employers must pay exempt employees at least $1,259.20 per week ($65,478.40 per year) to meet the states minimum salary requirement to be exempt from overtime requirements. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 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. 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. In 2023, large employers must pay exempt employees at least $1,259.20 per week ($65,478.40 per year) to meet the states minimum salary requirement to be exempt from overtime requirements. Washington employers should begin following the new Washington rules because the state threshold will become more favorable to employees at $821.40 a week (1.5x the state minimum wage) for small businesses and approximately $958.30 per week (1.75x the state . In order to be exempt from overtime, employees must also meet one of the duties tests. As a result of the Colorado Overtime & Minimum Pay Standards Order, the minimum salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law increased to $961.54 per week on January 1, 2023. Waters of the United States and Winston Churchill. New salary threshold implementation schedule, Threshold phase-in schedule for computer professionals paid hourly. Critically, the "nonexempt" classification is not a reflection of the importance of a position. The new state minimum wage for 2023 is $15.74 an hour. State Developments, Wage and Hour, Washington. Her practice extends to private sector clients. 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). Mr. Pankratz represents corporations and management in a myriad of employment-related and complex commercial matters, including litigation involving discrimination, retaliation, harassment, wage and hour, wrongful termination, ADA and FMLA leave issues, and other matters in state and federal courts and administrative agencies. Licenses for Exports to Are You Ready for the UPC? 2023 salary thresholds set for overtime exempt employees, Chapter 296-128 of the Washington Administrative Code. es.a.9.9 salary thresholds page 1 of 6 6/26/2020 administrative policy state of washington department of labor and industries employment standards title: salary thresholds for number: es.a.9.9 exemption from minimum wage act for white-collar workers issued: 6/26/2020 For small businesses (1-50 employees), an exempt employee must now earn a salary of at least 1.75 times the minimum wage, or $1,101.80/week. The minimum salary threshold will increase through January 1, 2028, at which time it is projected to reach $93,288. As a result, the minimum salary required for the executive and administrative exemptions in these upstate areas increased to $1,065 per week on December 31, 2022. For additional information, please see the HR website: FLSA and WMWA overtime eligibility and exemption. The following is a comprehensive list of the exempt status salary threshold by state. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. In addition to the change in the minimum salary level, the new rules update the job duties tests. On January 1, 2021, Washington's minimum wage will increase from $13.50 to $13.69. In many cases, the state criteria are harder to meet than the federal criteria. This same threshold applies to part-time employees; it is not pro-rated for employees who are less than full-time. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. For 2022, the wage for 14 and 15 year olds will be $12.32 per hour. This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. If you have questions about which rates apply to your employees or whether they are exempt, contact your Vigilant Law Group employment attorney. Ogletree Deakins Seattle office and will continue to monitor and report on Washington State wage and hour developments and will post updates to the firms Washington and Wage and Hour blogs as additional information becomes available. 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. Ms. Bannons employment law practice includes providing employers proactive advice and practical solutions to current or potential employee problems to manage risk related to discipline Ms. Fletcher represents employers in all aspects of employment claims and litigation in federal and state courts, at arbitration, mediation, and before administrative agencies, including matters involving wrongful termination, discrimination, sexual harassment, disability and religious accommodation, retaliation, wage and hour, and breach of contract claims. Use tab to navigate through the menu items. The Washington State Labor and Industries (L&I) announced the minimum salary an employee must earn to be exempt from overtime. Rep. Mark Takano, D-Calif., led the questioning, noting that he sent a letter to encourage the DOL to adopt a salary threshold that by 2023 would be around $85,000 annually. For a helpful chart, see L&Is salary implementation threshold schedule. In general, these workers must be salaried and paid a minimum specified salary level, and must primarily perform executive, administrative, professional, outside sales or computer professional duties as defined by state regulations. The Washington State Labor and Industries (L&I) announced the minimum salary an employee must earn to be exempt from overtime. For the outside sales employee exemption, there is no minimum salary requirement. www.grsm.com is using a security service for protection against online attacks. The annualized L&I threshold for 2022 is $52,752. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. Please enable JavaScript on your browser and try again. 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 list includes some special districts in states but does not include all of said districts. 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 hearings were held in July and August 2019 in Tumwater, Seattle, Bellingham, Ellensburg, Kennewick, Spokane and Vancouver. Employment Standards message: 2023 salary thresholds set for overtime exempt employees. This approach follows the principle of law that in the event of a conflict between state and federal law, the law more protective of the employee will apply. Before classifying and treating any employee as exempt from overtime, employers should confirm that the employee satisfies all applicable tests for overtime exemption under federal and state laws. For additional information, visit Washington State Department of Labor and Industries Changes to Overtime Rules website and the Salary Threshold Implementation Schedule. The effective date for the changes was July 1, 2020. 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Employees aged 14 to 15 years must earn at least $13.38 per hour. For example: relocation pay. 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. 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). Human Resources will provide training and share best practices to guide supervisors through the impact of these changes. Effective January 1, 2023, employees must earn $65,478.40 annually ($5,456.55 monthly) to be exempt from overtime, regardless of duties and responsibilities. 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. Departments that have employees physically working in these cities must ensure they are paid in accordance with the city minimum wage ordinance. Due to the monthly base pay model at the UW requiring a whole dollar amount, the UW's thresholds are slightly higher than the state's thresholds as shown in the table below: 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. Europe: Is Eltif 2.0 a More Viable Structure for Long-Term Investment in the EU? In addition, work volume is dependent on operational needs and work must be performed to meet those needs. The L&I salary threshold will change annually through 2028. 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. STATE does not have a highly compensated employee exemption. BY The Emergency Family and Medical Leave Expansion Act (EMFLEA) and the Emergency Paid Sick Leave Act (EPSLA) authorize the DOL to issue regulations to exempt health care providers and emergency responders from eligibility for coverage under the FFCRA. Our new tool provides background on the upcoming changes in the overtime rules, and also includes a tool that can help determine if an employee likely qualifies as exempt or not. Since the state threshold that takes effect January 1, 2023 is higher than the federal, employers in Washington State will need to follow the higher state threshold. Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. Wisconsin Governor Announces Closures to Non-Essential Businesses, Senate Bill Would Create a Workers' Compensation Ombudsman, The FFCRA: DOL Releases Updated Guidance on Exempt Health Care Providers and Emergency Responders. Washington Visit Here. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. Y@FLc)uy c? More information on the process and the civil service salary schedule will be available shortly. A bill (S1982) introduced in the Senate on June 16 would create a Workers Compensation Ombudsman for Injured Workers. The increases mandated by voter-approved Initiative 1433 stopped in 2020. 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. Accepting Cryptocurrency and Digital Asset Donations: What Charities Need to Know. The Washington State minimum wage will see a steep increase in 2023, due to the 8.6% rate of inflation. Check outtheovertime rulemaking documents. Employees aged 14 to 15 years old must earn at least $13.38 per hour in 2023. 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 . NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. Departments do not need to take action for the minimum wage increase. Keep in mind that reclassification means more than just . Note: There is also a professional exemption under state law. Employees whose primary duty is teaching, instructing, or lecturing to impart knowledge are not eligible for overtime and this change does not impact them. 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. www.grsm.com is using a security service for protection against online attacks. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Chris Edison. This means, for example, that a 50% (half-time) employee whose annualized salary is $120,000 would be overtime eligible because their actual, half-time salary would be $60,000, which is less than the new $65,484 threshold. You can read theadopted rule language in Chapter 296-128 of the Washington Administrative Code. Federal law allows us to use to calculate salary threshold. In other cases, employers may need to increase salaries for exempt employees. See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. v5lJUmb"DbmR`U(vlf$2Y0@`5D#NW'3uUjJmLpgLF1MaLp!GHa67!?BW0CpbzqS&co6FQd+nV3XJ"cr BFND .9`yANhs-aj[c_ [Fg25SHsL ^h "9I\ It will continue to increase annually thereafter based on inflation. (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. The 2023 minimum wage rate in Washington State will increase to $15.74 per hour for employees sixteen years of age and older, the Washington State Department of Labor & Industries announced on September 30, 2022. Information regarding minimum wage can be found on theHRS website. At least 1.75 times the minimum wage, or $1,101.80 per week ($57,293.60 per year), At least 2.0 times the minimum wage, or $1,259.20 per week ($65,478.40 per year). See L&Is Administrative Policy ES.A.9.6 (Exemption from Minimum Wage Act Requirements for Computer Professional Employees). The Washington State minimum wage increases Saturday, reflecting inflation over the past year. The new hourly minimum, which applies to employees 16 years and older, will increase 80 cents per. $16.50 per hour (up from $15.75 per hour) for employees of smaller employers who receive medical benefits worth at least $2.19 per hour or earn at least that much per hour in tips. Please contact your HRS Service Team if you have any questions. Some states also bumped their exempt . All our faculty and staff, regardless of whether they are exempt or nonexempt, perform important work in support of our mission. SeaTac minimum wage: The City of SeaTac also maintains its own minimum wage rate covering certain transportation and hospitality employees working within the city. The state anticipates that by 2028, nearly 260,000 positions that were previously exempt under the Minimum Wage Act will be impacted. The federal Fair Labor Standards Act (FLSA) requires that employers pay most employees at least the federal minimum wage for each hour worked as well as overtime pay for all hours worked in excess of 40 in a workweek. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. (s#%=]XzqEh$P=%D&H.&Ab}d!,x\pK+!r dev"! 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. 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. Due to the monthly base pay model at the UW requiring rounding up to a whole dollar amount, the UWs monthly and annualized thresholds are slightly higher than the states weekly threshold as shown in the table below: L&I Salary Threshold effective Jan 1, 2023. Justice and Commerce Departments Announce Creation of Disruptive United States Department of Justice (DOJ), Biden Executive Order 14091 Strengthens Equity for Federal Agencies. For information about any potential impacts on academic personnel, please email the Office of Academic Personnel at acadpers@uw.edu or call 206-221-UWAP (8927). The service requires full cookie support in order to view this website. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. 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.