If the employee meets the “salary test” threshold, then her job duties determine whether she is exempt. If an employee does not earn enough in incentive payments to reach the salary threshold, the employer may make a catch up payment within one pay period from the end of the 52 week period; The salary level required for the “highly compensated employee” exemption has also been raised, although less significantly, from $100,000 to $107,432 (this level equals 80% of full-time salaried … Under the Fair Labor Standards Act (FLSA), the minimum pay for exempt employees is currently $455 per week (or $23,660 per year). It has raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476. [2] Administrative Exemption. Administrative exemption. In order for an employee to qualify as exempt, the employee must receive a predetermined wage each pay period. Specifically, the minimum annual salary for exempt employees for all New York City employers will be $58,500 as of January 1, 2020. Some states have a higher salary threshold than the federal law (or have no HCE exemption or no credit for bonuses/commissions against the salary level or have more narrow duties requirements). Employers … That means an exempt employee will be paid the same salary whether he works 30 hours a week or 70 hours in a week. The threshold for white-collar employees to be classifiable as “exempt” rose about 50% to $684 per week (about $35,568 per year) on January 1, 2020. The administrative exemption is similar to the executive exemption in that the same monetary thresholds must be met. Employers will need to make adjustments to ensure they’re compliant with this updated rule, under the Fair Labor Standards Act, announced on September 24 by the U.S. Department of Labor. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. Executive employees must also be paid on a salary basis, and therefore, exempt. Thus, employers have a small window of time to take the necessary steps to ensure compliance before the calendar turns to 2020. Certain employees are exempt from minimum wage and overtime requirements, and North Carolina has adopted the federal regulation that defines which employees are exempt. The new rule will be effective Jan. 1, 2020. Based on the North Carolina minimum wage of $7.25 per hour, the minimum amount any North Carolina worker should receive as overtime pay is $10.88 per hour. Litigation challenging the new final rule is likely, but employers cannot assume that this final rule will be blocked from taking effect like the 2016 final rule was. These steps should include: The minimum wage rate is the lowest hourly pay that can be awarded to workers, also known as a pay floor. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,568 annually. Under the final regulations, the minimum salary threshold for overtime-exempt executive, administrative and professional employees would increase according to the following schedule: $684 per week ($35,568 per year) - on the date of publication in the Pennsylvania Bulletin (note: the same salary threshold takes effect under federal regulations on January 1, 2020); Federal Rule Highlights. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. The final rule also created an automatic updating mechanism that would adjust the minimum salary level every three years, starting January 1, 2020. Effective January 1, 2020, employees must earn at least $684 per week ($35,568/year), receive a salary, and perform particular duties (as defined by the FLSA) to be considered exempt from overtime … The new minimum salary requirements take effect January 1, 2020. Rate of Pay Test. These exemptions are often called the “white-collar” or “EAP” exemptions. As of January 1, 2020, these same workers automatically become eligible for overtime simply because the annual salary falls below the minimum required for the white-collar exemption to apply. Updated October 20, 2020. Also, the minimum salary for exempt employees in Nassau, Suffolk and Westchester Counties will increase to $50,700 on that date. The minimum salary for exempt employees in all other New York counties effective January 1, 2020 will be $46,020. “Learned professional,” is the exempt employee category that includes PAs, under the Fair Labor Standards Act (FLSA). The minimum salary to qualify for this exemption is $685/week or $35,568/year. In addition to the above state law changes, beginning January 1, 2020, the minimum salary level required for an employee to be exempt from overtime under the so-called “white collar exemption” to the Fair Labor Standards Act (FLSA) increases to $684 per week ($35,568 annually). The new threshold is in excess of twice as much of what the salary requirement is for the same group set by the Fair Labor Standards … That translates to thousands of extra payroll dollars ($11,908 annually) for companies like retail, dry cleaners, restaurants, cleaning companies and lots of other businesses with traditionally lower wages. Components of the New FLSA Salary Level Rule. 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. Effective January 1, 2020, the federal government is raising the minimum salary requirement for exempt positions from $455 to $684. Background on the case She is non-exempt. Under the FLSA, many employees are exempt from minimum wage and overtime pay. Most exempt employees are classified as executive employees, meaning that they are managers who direct the work of two or more other employees and have the ability to hire and fire employees. In order to classify an employee as exempt from the PMWA’s overtime and minimum wage requirements pursuant to one of the white-collar exemptions, the following three tests must be met: (1) minimum salary test; (2) salary basis test; and (3) duties test. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. Therefore, North Carolina's overtime minimum wage is $10.88 per hour, one and a half times the regular North Carolina minimum wage of $7.25 per hour. Each pay period an employer must pay the exempt salaried employee at least $615.60 (that is, 90 percent of the minimum salary threshold). An exempt employee must, as of January 1, 2020, make at least $684 per week ($35,568 annually). On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission approved the Pennsylvania Department of Labor and Industry’s (DLI) amendments to 34 Pa. Code Chapter 231, the regulations that exempt executive, administrative, and professional (“white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968. Under some state laws, the aforementioned categories of employees are exempt only from overtime requirements, meaning employers must pay them at least the state minimum wage for all hours worked, and many of these state minimum wage rates will increase in 2020. If an employee is classified as exempt, he's not entitled to overtime rates of pay or additional compensation for on-call hours. If an employee’s salary is below that threshold, you can stop your analysis there. A new salary law was released by the Department of Labor (DOL) pertaining to overtime. As of January 1, 2020, the FLSA stipulates that employees in the above categories are exempt if they are paid by salary as opposed to hourly and if they earn a minimum … North Carolina Overtime Pay Laws - NC Labor Law - 2020 ... Non-exempt employees in North Carolina are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. Under the new rule, effective December 1, 2016, the minimum pay will increase to $913 per week (or $47,476 per year). Exempt employees must receive a salary of at least $455 per week. Also, the 2020 updates shall remain indefinitely as they do not include any automatic increases which appeared in the 2016 Obama-Administration rulemaking. North Carolina's Overtime Minimum Wage . Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Under the FLSA, non-exempt employees must be paid the minimum wage or higher. Employees who are paid a salary are often qualified as exempt employees, or employees who don't qualify for overtime or minimum wage, according to the Fair Labor Standards Act (FLSA). Minimum Wage for Employers With 26 or More Employees: Minimum Wage for Employers With 25 or Fewer Employees: January 1, 2020: $13.00/hour: $12.00/hour: January 2, 2021: $14.00/hour : $13.00/hour: January 1, 2022 : $15.00/hour: $14.00/hour: January 1, 2023: $15.00/hour: $15.00/hour: California Local Minimum … 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 … On the other hand, employers can't dock an exempt employee's pay if he works a short day, a half day or less hours than usual during the week. NC Statute 95-25.14(b)(4) The Fair Labor Standards Act (FLSA) determines the minimum wage for employees in private and public sectors, in both Federal and State governments. 1. Just because an employer pays a salary that satisfies the new federal threshold does not mean that the employee is exempt under the minimum wage law of a state where the employee works. Many of these employees are salaried, white collar workers. New Salary Law. North Carolina labor laws do not require reporting pay or show-up pay when workers show up for a scheduled shift but are sent home due to no available work. Administrative: Employees that make a minimum salary of $455 per week and are involved in general business operations and make significant work-related decisions can qualify under this exemption. A salary sacrifice arrangement must not reduce an employee’s cash earnings below the National Minimum Wage ... childcare vouchers are exempt from both tax and Class 1 … Of course, some employers rather than paying overtime, may decide to raise a white-collar employee’s annual compensation over the $35,568.00 minimum to avoid accounting for and paying … For minimum wage workers in North Carolina, the overtime pay rate amounts to $10.88 per hour (1.5 x $7.25). In announcing the new rule, the DOL noted the following key components: The standard weekly salary level changes form $455 to $684 per week (equivalent to $35,568 per year for a full-year … Prior to January 1, the weekly salary requirement for exempt employees was $455 per week, or $23,660 per year. North Carolina exempts administrative employees from its minimum wage, overtime, and record keeping requirements. 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