How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). 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. 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. Your assigned HRS representative will be in contact with you with additional information. 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). The 2023 threshold of $65,484 will be approximately 24.1% higher than the 2022 threshold. 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. You can read theadopted rule language in Chapter 296-128 of the Washington Administrative Code. The city hasnt yet announced the 2023 rate for those employees. Seattles minimum wage rates apply to all nonexempt employees for all hours they work within the city limits. She has successfully defended cases before the United States Court of Appeals for the Ninth Circuit and the Washington State Court of Appeals. L&I determines the amount based upon a multiplier of the Washington state minimum wage and inflation, causing the final amount to potentially differ from published projected amounts. Employers have several options to comply with the new federal and state salary thresholds: Reclassify exempt positions as hourly, non-exempt positions. 2023 Exempt Status Salary Threshold by City and State . NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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. For January 1, 2023, the minimum salary threshold to satisfy the laws Executive, Administrative and Professional exemption will be $65,478.40 per year ($1,259.20 per week). Please enable cookies on your browser and try again. For large businesses (51 or more non-exempt WA . New salary threshold implementation schedule, Threshold phase-in schedule for computer professionals paid hourly. Please understand that merely contacting us does not create an attorney-client relationship. Note: The minimum salary threshold does not apply bona fide teachers exempted under the Professional Exemption. However, if paid by the hour, the minimum hourly rate for 2022 for computer professionals is $50.72 per hour. Employees aged 14 to 15 years old must earn at least $13.38 per hour in 2023. Cities are allowed to set higher minimum wages. The list includes some special districts in states but does not include all of said districts. Effective January 1, 2023, civil service employees at these impacted salary ranges and step will be adjusted to minimum wage. The governor-appointed Ombudsman would be an advocate for injured workers by accepting, investigating, and attempting to resolve complaints related to workers compensation. 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. 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. 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. On September 30, 2022 the Washington State Department of Labor and Industries announced the new state minimum wage effective January 1, 2023: $15.74 per hour. With the state salary thresholds for exempt employees now a multiplier of the state minimum wage, one of the thresholds multipliers will rise on Jan. 1, 2023. Using the 2023 minimum wage starting January 1, 2023, L&I calculated . Watch future newsletters for an update on the increased rate for 2023. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. For the outside sales employee exemption, there is no minimum salary requirement. Employees aged 14 to 15 years old must earn at least $13.38 per hour in 2023. 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. Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal threshold. 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. When state and federal thresholds conflict, businesses must meet the threshold most favorable to employees. For information about any potential impacts on academic personnel, please email the Office of Academic Personnel at [email protected] or call 206-221-UWAP (8927). 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. Before applying this information to a specific management decision, consult legal counsel. 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. The state anticipates that by 2028, nearly 260,000 positions that were previously exempt under the Minimum Wage Act will be impacted. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 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. 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 . 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). Updated: Dec 13, 2022. . 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. 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. It will continue to increase annually thereafter based on inflation. Information regarding minimum wage can be found on theHRS website. If you have any questions regarding this change, please see the FAQ document or discuss them with your departments HR administrator. Check outtheovertime rulemaking documents. www.grsm.com is using a security service for protection against online attacks. Chris Edison. To be considered "exempt," these employees must generally satisfy three tests: Note: There are also exemptions for outside sales and computer professional employees. Employees whose primary duty is teaching, instructing, or lecturing to impart knowledge are not eligible for overtime and this change does not impact them. The Washington State minimum wage will see a steep increase in 2023, due to the 8.6% rate of inflation. 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. With the state salary thresholds for exempt employees now a multiplier of the state minimum wage, one of the thresholds multipliers will rise on Jan. 1, 2023. This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. This is a 5.83 percent increase from the current 2021 minimum wage of $13.69 per hour. Please contact your HRS Service Team if you have any questions. Heres what we know about these rate increases: Statewide minimum wage: The statewide minimum wage rate for nonexempt (overtime-eligible) workers will rise to $15.74 per hour (up from $14.49), effective January 1, 2023. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. State DOES NOT count nondiscretionary bonuses, incentive payments and commissions payments toward salary threshold. 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. 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. Federal law allows us to use to calculate salary threshold. Y321N-!s%/ 6aG3TbAx1}Net3BIYr[@KdqZ?w*. The computer professionals exemption was added in 1997, but these are the first major changes to the states rules since 1976. Who are these workers?A combination of a predetermined fixed salary, the salary meeting a minimum threshold, and specific job duties determines whether a worker meets the definition of an executive, administrative, or professional worker, outside salesperson or computer professional contained in state rules. 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. 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). Keep in mind that reclassification means more than just . This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. Washington's minimum wage is $14.49 per hour, up from $13.69 per hour in 2021. The 2023 minimum wage rate in Washington State will increase to $15.74 per hour for employees sixteen years of age and older, the Washington State Department of Labor & Industries announced on September 30, 2022. Since the state threshold that takes effect January 1, 2023 is higher than the federal, employers in Washington State will need to follow the higher state threshold. The overtime threshold . Human Resources will provide training and share best practices to guide supervisors through the impact of these changes. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. Suggest a topic and we might discuss it in a future blog post. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. AG Clamps Down on Local Solar and Battery Storage Moratoria. This rate is subject to mandatory annual adjustments which are usually announced in October or early November. (s#%=]XzqEh$P=%D&H.&Ab}d!,x\pK+!r dev"! 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 following is a comprehensive list of the exempt status salary threshold by state. For a helpful chart, see L&Is salary implementation threshold schedule. Washington House . US Executive Branch Update March 2, 2023. $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 state of Washington has announced increases in the minimum wage rate and the exempt salary thresholds for employees, effective January 1, 2023. The Washington State Department of Labor & Industries (L&I) determines minimum thresholds using a multiplier of the state minimum wage. The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021. Further information on federal, state, and major locality wage and hour laws is available in the firms OD Comply: State Wage & Hour subscription materials, which are updated and provided to OD Comply subscribers as the law changes. Can Nonprecedential Decisions Be Relied Upon? Many states have their own salary and duties tests for determining whether an employee is exempt from overtime under state rules. BY 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. Thank you for suggesting a question for our next Q&A post! The new state minimum wage for 2023 is $15.74 an hour. 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. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. 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. This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. Given the steep increase in the minimum wage, the states salary requirements for exempt employees are also increasing significantly. 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. 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. 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 . Mar 02, 2023 In Washington, employees must satisfy certain salary and duties tests to be classified as exempt from overtime under state law. On March 28, 2020, the U.S. Department of Labors (DOL) Wage and Hour Division released an updated set of Questions and Answers (Q&As) that provide additional guidance concerning health care providers and emergency responders (question numbers 55, 56, and 57). HR will provide more information in the coming days, including supervisor guidance and direct communications to staff colleagues directly impacted. These workers are typically "white collar" workers who often have more economic security and relative bargaining power than lower-wage workers. Seattle minimum wage: The City of Seattle is increasing its minimum wage requirement to $18.69 per hour for most employers. 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. 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. 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? 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.