Notably absent from the spring regulatory agenda is an entry for an FLSA independent-contractor rulemaking, given that a recent blog post on the DOL's website stated that such a proposal is in the works, Plunkett said. ET, Presented by studioID and Express Employment Professionals, Remote, hybrid work linked to more anxiety, depression, Employer pay strategies increasingly prioritize transparency and equity, Payscale finds, EEOC harassment guidance could be coming in the really short term, NLRBs severance ruling has broad implications for employers, Everything employers must know on employee development, Boost Employee Engagement with Small Moments of Joy at Work, Winning the War for Talent: Why On-Demand Pay Is Becoming the Must-Have Benefit to Get and Keep the Best Employees, Gen Z workforce struggling to cope with challenges of early careers, survey finds. The DOL and NLRB notices represent the latest update in a years-long debate on both topics, and neither comes as a surprise. DOL appealed the judges decision but, the Trump administration dropped the case. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. The proposed minimum salary level for the Fair Labor Standards Act's executive, administrative and professional exemptions thus could be $913 per week or var temp_style = document.createElement('style'); An official website of the United States government. In order for this exemption to apply, an employees specific job duties and compensation must meet all the requirements of the Departments regulations. Congressional Democrats earlier this year called for a substantial increase, to more than $82,000. National Law Review, Volume XIII, Number 59, Public Services, Infrastructure, Transportation, Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. If you earn more then the New Jersey minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. The district court further sent the DACA policy to the DHS for further consideration. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Throughout its terms, the Supreme Court recognized, the HCE rule reflects the statutory choice not to set a simple income level as the test for exemption. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. Despite the logical appeal such an argument may have, the Supreme Court found the DOL regulations plain language controlling. Job titles do not determine exempt status. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. For non-exempt employees under FLSA, the overtime rate is at least one-and-a-half times the regular rate of pay for any hours worked above 40 in a given workweek. She noted that six 90-minute meetings have been scheduled with stakeholders from March 8 to April 6: three meetings with unions and worker advocates, plusthree more with industry groups, including one with SHRM. Telephone and Texting Compliance News: Regulatory Update February 2023. If you would ike to contact us via email please click here. tip-sharing provisions,as well. | 2 p.m. Thus, a daily rate does not qualify. An agency spokesperson told HR Dive in an email Thursday that its Wage and Hour Division is still developing a proposed rule. .usa-footer .container {max-width:1440px!important;} This rule did not include a provision to automatically raise the threshold. Following much back-and-forth at the end of the Obama administration, today's FLSA overtime threshold sits just above $35,000 per year, meaning employees who make less are entitled to minimum wage and overtime. Responding to such concerns, however, the DOL adopted the HCE exemption in 2004 during the Bush Administration (with the Trump Administration increasing the minimum amount to the current level in 2020). var currentUrl = window.location.href.toLowerCase(); The U.S. Department of Labor. WebThe FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half "That's high," McCutchen noted. The FLSA (Fair Labor Standards Act) employment law requires all employers to give eligible (or non-exempt) workers at least the minimum wage for hours .table thead th {background-color:#f1f1f1;color:#222;} Majority of countries guarantee paid paternity leave but not the U.S. Should a workforce comprised of a single age group raise a red flag? McCutchen alsonoted that the DOL is regularly recovering double damagesor liquidated damagesonce again, after the Trump administration limited their use to when an employer acted in bad faith or willfully. The proposed overtime Employers can choose to pay a higher overtime rate if they wish, but they must meet the minimum federal standard. 1){ Topics covered: Employee learning, training, onboarding, mentoring, career development and more. "Some commentators, though, believe that the administration may go the distance this time and look toward conforming the federal rules to more closely reflect the California standards," he said. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Before sharing sensitive information, make sure youre on a federal government site. They influence President Biden signed the Pregnant Workers Fairness Act into law on December 29, 2022 BerniePortal is the all-in-one HR software solution at a fair price, so HR can focus on providing a good place to work. .agency-blurb-container .agency_blurb.background--light { padding: 0; } It covers several aspects of employment in both the private and public sectors, including: Minimum wage Overtime pay Hours worked Record keeping Youth employment standards Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. WebThe new proposal is likely to be issued in the near future and could be issued as early as this month. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and, The employee earns total annual compensation of $107,432 or more, which includes at least $684, The employees primary duty includes performing office or non-manual work; and. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. } Overtime Pay Laws in New Jersey Under New Jersey state overtime laws, overtime pay at a rate of 1.5 times the employees hourly wage must be paid after 40 hours in a 7-day workweek. Employers can choose to pay a higher overtime rate if they wish, but they must meet the Hewitt earned over $200,000 annually. McCutchen noted that industries particularly vulnerable to DOL enforcement efforts include: The department also focuses its enforcement efforts on the amusement industry; apparel manufacturing; auto repair establishments; child care services; guard services; hair, nail and skin care services; hotels and motels; janitorial services; landscaping services; and temporary help. } Speaking on March 29 in Washington, D.C., McCutchen predicted that the Like the FLSA, the Overtime Act obligates employers to pay one and one-half times an employees regular rate of pay for hours Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. This argument reflected the common contention that at least some highly paid employees should be considered to be paid too much to be eligible for overtime. 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