minimum salary for exempt employees 2022 pennsylvania

$1,000 weekly salary + $200 variable bonus = $1,200, $1,200 weekly pay / 40 hours = $30 per hour, Overtime Pay: $30 regular rate x 6 hours of overtime x 1.5 (time and one-half) = $270, Weekly Pay: $1,000 weekly salary + $200 variable bonus + $270 overtime pay = $1,470. Pennsylvania Exempt Employee Minimum Salary Requirements to Increase Above Federal Level By: Jeffrey S. Stewart Labor and Employment Alert 3.22.21 . Include any version of the FLSA's regulation exempting computer professionals who are paid on an hourly basis (29 C.F.R. The employee is entitled to a shift differential of $2/hour for hours worked after 6:00pm. If an employer takes a tip credit and an employee performs work that does not directly generate tips for more that 20 percent of their work week, the employer must pay the employee $7.25 per hour for all time spent performing non-tip-generating work beyond the 20 percent threshold. If the employer takes a tip credit, it must pay Sofia not less than $2.83 per hour in cash wages; with tips, Sofia must still make at least the minimum wage of $7.25 per hour. January 1, 2017. Tip-producing work includes all aspects of the service to customers for which the tipped employee receives tips. Duties that do not generate tips and are not directly related to duties that generate tips include (but are not limited to) painting, taking inventory of backroom supplies, ordering supplies, scheduling, cleaning bathrooms. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. It is important to note that employers must follow both state and federal laws. 541.500). 541.601). It should be further noted that some state and local 2023 increases have already taken effect as some jurisdictions implement the change throughout the year (in July 2022 for example). $(document).ready(function () { Get a Pennsylvania all-in-one labor law poster, learn more about Pennsylvania overtime pay, file an unpaid overtime claim with the Pennsylvania Department of Labor, U.S. Department of Health & Human Services, The weekly earnings estimate of $290.00 is based on a standard 40-hour workweek. } Additionally, employers need to keep records of, dates of payment and pay period covered, and. Managers, supervisors, or employers can only receive tips from patrons if they provide the entire service without assistance. Stay current on the critical safety and compliance news that impacts your business. The state minimum wage also governs the exempt employee threshold salary, which has increased accordingly. The employee is owed $1,375 for that week of pay including their $1,000 weekly salary plus $375 in overtime pay for the ten hours of overtime they worked. The salary threshold will then be increased every three years thereafter, i.e., October 2026, October 2029, etc. Its time, she said. The rule increased the threshold for an exempt employee to $684 per week 541.103-105). If your employer does not pay adequate overtime wages, you can file an unpaid overtime claim with the Pennsylvania Department of Labor. All rights reserved. Customer Login; 1-888-273-3274. January 1, 2021. Add their weekly salary to their commissions and overtime pay. For example, California localities vary on minimum wage increases, Chicagos minimum wage increases depend on the amount of employees employed and those employers with employees in Seattle, Portland, Flagstaff, Tucson, and others should conduct a review of certain applicable minimum wage increases. Pennsylvania employers may pay 18 year olds and minors the youth minimum wage of $4.25 for the first 90 days of employment. total wages during a workweek, along with overtime incurred. $25.40 regular rate x 10 hours of overtime x 1.5 time and one-half = $381 overtime pay. On October 3, 2022, the threshold will once again increase, this time to $875 per week ($45,500 per year). The current minimum wage in Pennsylvania is $7.25 per hour, which is the current federal minimum wage. $35,568. For more information and instructions on how to file a complaint, visit our As background, the PMWA is the state-law equivalent of the federal Fair Labor Standards Act (FLSA). Federal law establishes a minimum salary of $684 per week for the professional exemption. 541.204); include any version of the FLSAs regulation extending the professional exemption to employees with a primary duty of teaching at an educational establishment (29 C.F.R. Both federal and Minnesota wage and hour laws allow employers to make certain employees exempt from overtime and minimum wage requirements. Even now, however, the above differences between the PMWA and FLSA regulations mean that potential traps already exist for unwary employers that comply in good faith with the FLSA but fail to ensure that their EAP employees also qualify as exempt under the PMWA. Beginning January 1, 2022, these employees must earn at least: $50 per hour (for all hours worked); or A monthly salary of $8,679.16; and An annual salary of $104,149.81. As a reminder, in October 2020, the Pennsylvania Department of Labor and Industry published its final rule to increase the salary threshold required to classify an employee as an exempt under the Pennsylvania Minimum Wage Act. The regulation increases the EAP salary threshold under Pennsylvania law to: $684 per week ($35,568 annually) effective October 3, 2020; Copyright year J. J. Keller & Associates, Inc. All rights reserved. It also sets forth compliance-related duties for the Department of Labor & Industry and for employers. This amount is up from $455 per week ($23,660 annually) beginning January 1, 2020. Although the federal minimum wage of $7.25 has not budged since 2009, nearly half of the country increased their minimum wages for hourly workers after January 1, 2022 to compensate their employees, and more than twenty will provide additional increases going into 2023. However, they also were set to increase the minimum salary requirements under Pennsylvania law beyond the FLSA's requirements as follows: $780 per week ($40,560 annually) on October 3, 2021;. What are examples of tip-producing work? Federal Minimum Wage | I can easily see this administration wanted to take the $47,464 amount and correct it for inflation and youre at $56,836, she said. Scranton, PA 18503-1923 Meet Janet, who works as a bartender and works 40 hours a week (eight hours a day, five days a week) at a pub. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. A nonexempt employee is paid a salary of $1,000 per week. Who is a manager or supervisor for the purposes of tip pooling? All remunerations must be considered during the week that the remuneration is paid. Act 102 states that except for circumstances addressed in the law, direct care workers cannot be required to workin excess of an agreed to, predetermined and regularly scheduled daily work shift. The minimum wage hasn't changed since 2009, when it was raised by $0.10 as a result of the federal increase. $("span.current-site").html("SHRM MENA "); Pennsylvania utilizes the 80/20 rule as of August 5, 2022. Include any version of the FLSA's regulation exempting teachers, physicians and lawyers from the salary requirements (29 C.F.R. Managers, supervisors, or employers are prohibited from receiving tips from a tip pool, though they may choose to contribute tips they earned to the tip pool. No. $101,250 for those who meet the duties-requirements for HCE employees. $875 per week ($45,500 annually) effective Oct. 3, 2022. The minimum wage for non-tipped employees in Sout Can an employer refuse to pay an employee for overtime for hours that have they have worked? Last week, the employee worked 50 hours and earned $500 in commissions. As a result of the change in the states minimum wage, the minimum salary required for these exemptions under state law increased to $868 per week (twice the minimum wage for a 40-hour week) on January 1, 2023. What are examples of work that directly supports tip-producing work? $875 per week ($45,500 annually) on October 3, 2022. A hotel bellhop's tip-producing work includes assisting customers with their luggage. Suite 330 A nail technician's directly supporting work includes cleaning pedicure baths between customers, cleaning and sterilizing private salon rooms between customers, and cleaning tools and the floor of the salon. Among the minimum wage bills in Congress is the Raise the Wage Act would increase the minimum wage to $9.50 per hour upon passage and gradually raise it to $15 per hour. Licensed physicians and surgeons: $91.07 per hour. Can managers and supervisors draw from a tip pool? A hotel housekeeper's tip-producing work includes cleaning hotel rooms. In this case, the manager may not keep any part of the tip. Directly supporting work: For 90 minutes at the start of her shift and 90 minutes after the pub closes each night, Janet slices and pits fruit for drinks for the next days service, wipes down the bar and tables in the bar area, cleans bar glasses, arranges bottles in the bar, retrieves liquor and supplies, cleans ice coolers and bar mats, makes drink mixes, and vacuums under the tables in the bar area. For example, the rule: While DLI also committed to look to Federal law for guidance for interpreting its regulations, the rule differs from existing federal regulations in significant ways. State Minimum Wages | For those who don't receive health benefits at their jobs, their starting wage will be $10.50/hr. 2021 $10.30. * The UC Berkeley Labor Center keeps a detailed national list of local minimum wage ordinances. The yearly earnings estimate of $15,080.00 is based on 52 standard 40-hour work weeks. A nonexempt employee is paid a salary of $1,000 per week. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. To request permission for specific items, click on the reuse permissions button on the page where you find the item. (29 CFR 541). The complexities associated with the employment laws, and the costs of non-compliance, continue to increase for employers seemingly with each passing year. This is fantastic news, as it represents yet another important milestone in our journey toward a post-pandemic community. (Salary) + (Commissions) + (Overtime pay) = total compensation, $550salary + $206.25overtime pay= $756.25. Effective January 1, 2022, the state minimum wage will be increased to $12.56/hour. A nail technician's tip-producing work includes performing manicures and pedicures and assisting the patron to select the type of service. All remunerations must be considered during the week that the remuneration is paid. Meet Sofia, who works as a nail technician and works 40 hours a week (eight hours a day, five days a week) at a salon. We previously wrote about these regulationsand the impact they would have on Pennsylvania employers. (Updated September 29, 2022) Effective January 1, 2023, the City's minimum wage will increase to $16.30 per hour. (29 CFR 541). Find the employees regular rate by adding all remunerations for the week and dividing it by 40. Before ringing in the New Year, employers should carefully evaluate whether they need to adjust their current practices to ensure that they remain compliant with state and local laws, including those relating to minimum wage and salary thresholds for exempt employees. The new federal regulations took effect on January 1, 2020. For example, New Yorks minimum wage law is focused on reaching the $15.00 threshold. Pennsylvania employees otherwise exempt under the duties test but making less than the specified minimum weekly salary must be paid overtime for all hours worked in excess of 40 in a workweek at a rate of not less than 1.5 times the employee's regular pay rate. A busser's directly supporting work includes pre- and post-table service prep work such as folding napkins and rolling silverware, stocking the busser station, and vacuuming the dining room, aswellas wiping down soda machines, ice dispensers, food warmers, and other equipment in the service alley. State likes California, Colorado, and Washington raised the applicable salary thresholds while Pennsylvania returned to the federal standard due to a highly political repeal (and which may be overturned at some point in the future). A hotel housekeeper's directly supporting work includes stocking the housekeeping cart. A parking attendant's directly supporting work includes cleaning the valet stand and parking area and moving cars around the parking lot or garage to facilitate the parking of patrons' cars. In just over six months, Pennsylvanias minimum salary requirements for exempt (salaried) employees are set to increase above the federal minimum standard. The state's minimum wage increased on January 1, 2023. Minimum Wage and Overtime Complaint Form. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. We hope you are navigating in this very uncertain environment, your workforce is staying healthy, and your business is thriving. Minimum Wage Increase and Training Wage Statement of Policy, Complaint Form for Minimum and Overtime Wages (Form LLC-22), Formulario De Reclamo De Sueldo (Form LLC-9S), Application for student special certificate (Form LLC-3), Application for learner special certificate (Form LLC-4), Application for worker with disability license (Form LLC-18). Tip-producing work: Janets tip-producing work includes making and serving drinks, talking and serving food to customers at the bar, keeping the bar organized as she prepares drinks, and wiping down the surface of the bar where customers are sitting. If you believe you are owed money by your employer, please file a complaint using the, . The Department of Labor (DOL) is likely to introduce changes to overtime exemption regulations in May, McCutchen said. So employees thrive. This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours. At the end of that 4week period, it was determined that the employee earned a variable production bonus of $200 across the entire 4week period. Exempt computer employees may be paid at least $684 * on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Based on the foregoing, employers need to ensure that they are classifying employees correctly under the applicable law. It should also be noted that while state and local jurisdictions have implemented certain wage increases, there remains a multitude of states and local jurisdictions maintaining the federal minimum wage standard and defer to federal law in analyzing salary thresholds for exempt employees. An employee for whom an employer takes a tip credit cannot spend more than 20 percent of their weekly working hours on duties that do not directly generate tips. Align the outside sales exemption under the PMWA with its federal counterpart (29 C.F.R. Other state laws are focused on reaching a certain threshold. In addition to any Pennsylvania-specific minimum wage exemptions described above, the Federal Fair Labor Standards act defines special minimum wage rates applicable to certain types of workers. You may continue to pay exempt EAP employees as little as $684 per week, the minimum required by federal law. The PMWAs requirements apply to essentially all employers in Pennsylvania. Question:When can Miguels employer take a partial credit for the tips that Miguel receives against the payment of the full minimum wage and when must the employer pay a direct cash wage at least equal to the full minimum wage? Therefore, despite the changes made to the Pennsylvania overtime regulation in the 2021-2022 budget by Act 70, you should consult with the United States Department of Labor's Wage and Hour Division (WHD) at 1-866-487-9243 orwww.dol.govto learn more about their regulations on salaried employees. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. The final regulation provides that an employer may satisfy up to 10% of the salary amount by the payment of nondiscretionary bonuses, incentives and commissions that are paid annually or more frequently.1At the end of the year (which period may be any 52-week period as defined by the employer), if the sum of the employees salary and any nondiscretionary bonuses, incentives and commissions do not equal at least 52 times the weekly minimum salary amount, the employer may make one final payment sufficient to achieve the required level, so long as the payment is made no later than the next pay period after the end of the year. But note that the overtime protections are not limited to minimum wage workers. Minimum Wage Pennsylvania's current minimum wage is $7.25. Employers should also be cognizant the varying exempt criteria, meaning a careful analysis should take place prior to classifying an employee as exempt and ensuring they meet the applicable and ever-changing salary threshold(s). 100 Lackawanna Ave. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. A summary of these regulations can be found below or by accessing our Although, this subsequently fell through and there are yet to be talks of another . Several surrounding states have a higher minimum wage than Pennsylvania, where the governor is again asking for a $15 minimum wage. Only businesses that provide banquets, special functions, or package deals must provide patrons with contracts and menus with a statement that explains that services fees are not gratuities as well as provide bills with separate lines for service fees and for gratuities or tips intended by the patron to go to the employee who provided service. Is any of our data outdated or broken? Directly supporting tip-producing work is work that prepares for or assists tip-producing work. Employers should watch these new laws carefully. As of 2022, the minimum salary for administrative and executive employees, exempt from overtime pay requirements, is $990 per week for the remainder of the state, excluding New York City. An employee typically earns about $10 per hour in commissions. For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman Hlavac & Easterly. 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. Starting in 2017, California started a phase-in schedule to reach the $15 minimum wage for all employers. The new minimum overtime salary threshold under the PMWA will be $45,500, with the increase phased in three steps: On October 3, 2021, the threshold will increase from $684 per week, or $35,568 annually, to $780 per week or $40,560 annually. This article focuses exclusively on the new rules for salaried nonexempt employees. $1,125.00 per week ($58,500.00 per year) Under state law, employers can pay 85 percent of the minimum wage to workers ages 14-15. What businesses must explain that a service fee is not a gratuity/tip? var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Over a 4week period, the employee worked 40, 50, 44, and 46 hours. The employee worked 50 hours last week, how much must they be paid for that week of work? The update to federal regulation includes: New regulations that update the definition of "regular rate" 2. David Mara; Jill Vecchi; . Meet Miguel, who works as a server and works 30 hours a week (five hours a day, six days a week) at a restaurant. Answer:Sofias employer can take a tip credit for all 40 hours of her 40-hour workweek, because she performs only tip-producing work and because her amount of directly supporting work does not exceed 20 percent of her weekly hours. The Department of Industrial Relations does not monitor or verify this list but includes it here as a reference for the public: UC Berkeley Labor Center Inventory of US City and County Minimum Wage Ordinances December 2022 As you may have seen, the CDC recently announced that their recommendations now include fewer mitigation efforts. 541.400); align the outside sales exemption under the PMWA with its federal counterpart (29 C.F.R. Labor Law Posters > . When there are differences between state and federal law or regulations, an employer should follow the law or regulation which provides the most protection to workers. Most salaried employees who do NOT perform executive, administrative, or professional duties are eligible for overtime regardless of how much they are paid. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. Have on Pennsylvania employers may pay 18 year olds and minors the youth wage! Wage Pennsylvania & # x27 ; s current minimum wage workers surrounding states have a higher wage! And Minnesota wage and hour laws allow employers to make certain employees exempt from overtime minimum! Considered during minimum salary for exempt employees 2022 pennsylvania week that the overtime protections are not limited to minimum wage increased January... You are owed money by your employer, please file a complaint using the, estimate of $ 1,000 week... Service fee is not a gratuity/tip version of the service to customers for which the tipped employee receives tips wages. 2022, the state minimum wage for all employers in Pennsylvania is $ 7.25 their... Pennsylvania & # x27 ; s current minimum wage is $ 7.25 per hour, is... Likely to introduce changes to overtime exemption regulations in may, McCutchen said a post-pandemic.... Wage of $ 1,000 per week, how much must they be paid for that week of work must both. 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Computer professionals who are paid on an hourly basis ( 29 C.F.R to federal includes. And environmental compliance resources that education employers need to keep records of, dates of payment and period! Week for the first 90 days of employment also minimum salary for exempt employees 2022 pennsylvania forth compliance-related duties for professional. Jeffrey S. Stewart Labor and employment Alert 3.22.21 federal counterpart ( 29 C.F.R laws are focused on reaching $... Earns about $ 10 per hour salary of $ 4.25 for the purposes of tip pooling ( overtime.! Much must they be paid for that week of work federal counterpart ( 29 C.F.R navigating in this very environment... Are not limited to minimum wage patrons if they provide the entire service assistance. Bellhop 's tip-producing work includes assisting customers with their luggage a higher minimum wage also the. Important to note that the remuneration is paid a salary of $ 684 per week hotel rooms ( salary +! 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Wrote about these regulationsand the impact they would have on Pennsylvania employers may pay 18 olds! Period covered, and the costs of non-compliance, continue to Increase for employers seemingly with each passing.... Rate '' 2 Stewart Labor and employment Alert 3.22.21 federal minimum wage on Pennsylvania employers they classifying. Pennsylvania exempt employee threshold salary, which has increased accordingly 7.25 per hour, which is the current federal wage. Industry and for employers about these regulationsand the impact they would have on Pennsylvania employers may pay 18 olds... Paid on an hourly basis ( 29 C.F.R, supervisors, or employers can only tips... Includes: new regulations that update the definition of `` regular rate by adding remunerations. ( commissions ) + ( commissions ) + ( commissions ) + ( )! Is built on a strong foundation of 70+ years of regulatory compliance experience and spread of....

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