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Notably, the compromise did not just eliminate the increase to the salary thresholdit repealed the entire regulatory framework for defining the EAP exemptions under the PMWA. Licensed physicians and surgeons: $91.07 per hour. The FLSA provides minimum standards that may be exceeded, but cannot be waived or reduced. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. A common misconception is that it is up to the employer to choose whether or not someone is exempt from FLSA. What Constitutes a Full-Time Employee Under H-1B Visa Program? Cast a wider net to find qualified candidates, streamline your internal hiring processes, and improve your candidate experience. The Trump. Need help with a specific HR issue like coronavirus or FLSA? The minimum wage and its requirements differ by geographical area. } }; An official website of the United States government. So far there have been no changes for 2022. More information about the rule can be found here. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} The duties of each worker must be considered as part of this analysis. New DOL Overtime Threshold in 2022 United States Department of Labor (DOL) is expected to issue a new proposal for a new salary threshold for several overtime exemptions under the Fair Labor Standards Act (FLSA). The .gov means its official. The employees primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. //-->. The employees primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and. Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. SHRM Employment Law & Compliance Conference, Pennsylvania Repeals Rule Increasing Exempt Salary Threshold, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, How to Handle Overtime, Meal Break and Other Wage and Hour Crises, Pennsylvania Drops Degree Requirements for State Jobs. .cd-main-content p, blockquote {margin-bottom:1em;} The employee must be customarily and regularly engaged away from the employers place or places of business. document.querySelector(".drupal-dropdown > li").focus(); $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). The overtime threshold and employer's . Before sharing sensitive information, make sure youre on a federal government site. The UCs will retain the higher FLSA salary threshold of $913 per week for staff positions, as implemented in December 2016. In Maine, an exempt employees regular annual compensation must exceed 3,000 times the states minimum hourly wage or federal rate (whichever is higher). It might be too broad to say any whole industries are exempt from FLSA. Employers that operate across the U.S. have plenty of wage and hour issues to monitor. There are a number of pros and cons why an employer would want an employee to be exempt. Find more information from the DOLs Wage and Hour Division,which includes exempt salary information on: This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. The proposal will likely amend the Trump administration's final . Must an H-1B employer recruit U.S. workers before seeking H-1B workers? This was set in 2020 and will go through 2023, but is subject to being changed and likely will go up with time. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. ]]>,

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