minimum salary for exempt employees 2022 pennsylvania

All tips and gratuities paid by cash, credit card, or other non-cash method of payment are the property of the employee receiving them. Several surrounding states have a higher minimum wage than Pennsylvania, where the governor is again asking for a $15 minimum wage. 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. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. 541.106); include any version of the FLSAs regulation extending the administrative exemption to employees whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment (29 C.F.R. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. Nevada has a two-tier minimum wage system based on qualifying health benefits. What record keeping requirements do employers need to maintain to ensure compliance? This amount is up from $455 per week ($23,660 annually) beginning January 1, 2020. Employers with 26 or more employees: $62,400 per year. Example 1: A supervisor working at a bar takes a drink order from a patron, makes the drink, delivers the drink, and clears the table when the patron is finished. (Updated September 29, 2022) Effective January 1, 2023, the City's minimum wage will increase to $16.30 per hour. 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. Act 102 Prohibition of Excessive Overtime in Health Care Act. The complexities associated with the employment laws, and the costs of non-compliance, continue to increase for employers seemingly with each passing year. For example, an employee who has piece rate earnings of $500 in a workweek for 40 hours work has a regular rate of $12.50 per hour. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. Include any version of the FLSA's regulation exempting computer professionals who are paid on an hourly basis (29 C.F.R. Its time, she said. 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. These rates apply to all private, non-exempt businesses. Failure to display a Pennsylvania labor law poster in the workplace can result in severe fines. $875 per week ($45,500 annually) effective Oct. 3, 2022. 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. 2 Poverty line for a family of two in the lower 48 published 2016 by the U.S. Department of Health & Human Services. 177, No. An employee typically earns about $10 per hour in commissions. 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. It also sets forth compliance-related duties for the Department of Labor & Industry and for employers. Effective July 1, 2022, the minimum wage across the state is $9.50/hr. The minimum annual salary for exempt employees, currently at $35,568, would increase to more than $56,000 if the DOL adjusts the rate from its 2016 proposed rule for inflation. For 2022, the wage for that younger group will be $12.32 per hour. On October 3, 2022, the threshold will increase to $875 per week or $45,500 annually. Tipped Employee Minimum Wage: $9.54. Option 2:But if bonus is structured to be a percentage of salary plus overtime, then, $500 salary + $187.50 overtime pay = $687.50. The information on this blog is published AS IS and is not guaranteed to be complete, accurate, and or up-to-date. We previously wrote about these regulationsand the impact they would have on Pennsylvania employers. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Updated Regulations Presentation. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. This site is a free public service not affiliated with the Department of Labor or any governmental organization. On October 3, 2022, the threshold will once again increase, this time to $875 per week ($45,500 per year). Read the NYS Division of the Budget Report , the Order of the Commissioner of Labor, and the Proposed Regulatory Text. Future Michigan Minimum Wage Increases Other state laws are focused on reaching a certain threshold. 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. 1130 12th Ave., Suite 200 Altoona, PA 16601-3486 Phone: 1-877-792-8198 or 814-940-6224, 1301 L&I Building 651 Boas St. Harrisburg, PA 17120-0019 Phone: 1-800-932-0665 or 717-705-5969, 110 North 8th St. Suite 203 Philadelphia, PA 19107 Phone: 215-560-1858 or 1-877-817-9497, 301 5th Ave. For example, the rule does not: Pennsylvania employers have one year to prepare for a new state salary threshold that significantly exceeds the FLSA standard. What if the tipped worker is paid at least $7.25 per hour, then can an employer deduct credit card or other non-cash transaction fees from their tips? Sofia performs these tasks for no more than five hours per week. Pennsylvania Exempt Employee Minimum Salary Requirements to Increase Above Federal Level By: Jeffrey S. Stewart Labor and Employment Alert 3.22.21 . Pennsylvania employers may not pay you under $7.25 per hour unless you or your occupation are specifically exempt from the minimum wage under state or federal law. They must be paid at one-and-a-half times their normal wage for any hours worked over 40 a week. Tip-producing work: Sofias tip-producing work includes giving manicures and pedicures and assisting her patrons to select the type of service. Directly supporting work: Miguel also refills salt and pepper shakers and condiment bottles, rolls silverware, folds napkins, and vacuums under tables in the dining area. Box 1312 Wilkes-Barre, PA 18703, New PA Overtime Exemption Minimum Salary Requirements Repealed in State Budget Deal, Lethal Violence: Trends & Preparation for Encountering Threats, We previously wrote about these regulations, but those regulations ultimately were blocked by a federal court, $780 per week ($40,560 annually) on October 3, 2021; and. General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. Overtime Pay: $0.00. Attorneys. A nonexempt employee is paid a salary of $500 per week, worked 50 hours and is paid a 10% production bonus of their salary. The tip-producing work of a tipped employee who both prepares and serves food to customers, such as a counterperson, includes preparing and serving food. Duties that do not generate tips but that are directly related to duties that generate tips include (but are not limited to) preparing tabletop condiments, wrapping silverware, refilling napkin holders. Its passage likely hinges on whether Democrats will compromise on the $15 per hour rate, McCutchen noted, as Senators Joe Manchin and Krysten Sinema are open to a lower increase, to $11 per hour. A tipped employee is someone who performs work that customarily and regularly receives more than $135 a month in tips. Photographs are for dramatization purposes only and may include models. For example, New York's minimum wage law is focused on reaching the $15.00 threshold. Special certificates can be obtained to pay learners or students as little as 85% of the minimum wage, or to pay certain disabled employees under the minimum wage. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. A hotel housekeeper's tip-producing work includes cleaning hotel rooms. Use the free Pennsylvania job search utility to find local job openings hiring now. Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. So they return home each day to the families who love them. Let us know in a single click, and we'll fix it as soon as possible. Statewide minimum wage: The statewide minimum wage rate for non-exempt (overtime-eligible) workers will rise to $14.49 per hour (up from $13.69), effective January 1, 2022. } Most salaried employees who work more than 40 hours per week and earn less than the federal salary threshold are eligible for overtime regardless of their job duties. } Please note, the variable production bonus affects the regular rate of the 4th week because that is the week the bonus is paid. Directly supporting tip-producing work is work that prepares for or assists tip-producing work. Proudly founded in 1681 as a place of tolerance and freedom. In just over six months, Pennsylvanias minimum salary requirements for exempt (salaried) employees are set to increase above the federal minimum standard. Follow us on Facebook (opens a new window), Follow us on Twitter @JJKeller (opens a new window), Follow us on LinkedIn (opens a new window), Subscribe to our YouTube channel (opens a new window), Skip global navigation and go to main content, J. J. Keller Encompass Fleet Management System. Federal law establishes a minimum salary of $684 per week for the professional exemption. As with every year, employers should take note that on January 1, 2023 several state and local minimum wages (as well as exempt employee thresholds) increase. As of October 3, 2021, any employee in Pennsylvania classified as exempt under a white-collar exemption that has a minimum salary requirement who earns less than $780 per week would have needed to receive a salary increase to at least equal this amount or be reclassified as non-exempt (and made eligible for overtime pay) going forward. The new federal regulations took effect on January 1, 2020. To qualify for one of the three white collar exemptions under the PMWA, an employee will now need to earn a minimum weekly salary of: $684 (or $35,568 per year) (consistent with federal law);. ORS 653.010 (9); OAR 839-020-0004 (29). $(document).ready(function () { Week 4: 46 Hours Worked. Affected businesses will also have to provide bills with separate lines for automatic administrative or service fees that cover operational costs and for gratuities or tips intended by the patron to go to the employee who provided service. Looking for a new job? I dont think it will pass if they dont get off that $15 level, she said. With few exceptions, hourly employees who work more than 40 hours a week must be paid time and a half for all hours over 40. InFact Sheet 17U, the Wage and Hour Division of the United States Department of Labor explains that incentive compensation that is announced to employees in advancee.g., production bonuses and commission payments based on a fixed formulaqualify as nondiscretionary payments. Can an employee be required to work overtime? Date. The PMWA establishes the requirements under which employers must pay employees not less than the minimum wage$7.25 per hourfor all hours worked and overtime of 1.5 times an employee's. No credit card or other non-cash transaction fees can be deducted from the tips of any worker. Work that is neither tip-producing nor directly supporting: The employer directs Issa to retrieve food trays from outside guest rooms throughout the hotel at the end of each bellhop shift. 541.303(d) & .304(d)); include any version of the FLSAs regulation exempting computer professionals who are paid on an hourly basis (29 C.F.R. The Minimum Wage Act Regulations can be found on the Pennsylvania Bulletin website at34 Pa. Code Chapter 231. May bonuses be used to satisfy part of the new standard salary level test? What does this mean? The regular rate of pay cannot be less than the Pennsylvania minimum wage, which currently is $7.25/hour. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. Pennsylvania regulation permits employees to be a tipped employee as long as that employee does not spend more than 20% of the 7-day previously established work week performing duties that do not directly generate tips. No, this updated regulation will not change overtime pay calculations for hourly employees. 4.4.3.2 Exempt employees. Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements. While annual state budgets typically do not impact employment laws for private employers in the Commonwealth, this one is an exception. 541.201-202); and. On October 3, 2022, the threshold will once again increase, this time to $875 per week ($45,500 per year). allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. $35,568. Employers may want to consult legal counsel about how this rule may impact them. * The UC Berkeley Labor Center keeps a detailed national list of local minimum wage ordinances. If a tip-credited employee earns less than $7.25 per hour, including their base hourly wage plus tips, the employer must make up the difference as required by the Pennsylvania Minimum Wage Act so that their hourly earnings (base hourly wage plus tips) equal at least $7.25 per hour. 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? The bill should have separate lines for the 18% service charge and for the patron to provide a tip or gratuity if they so desire. 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. It is applicable to employees who perform at least two (2) hours of work in one or more A non-exempt employee is paid a salary of $1,000 per week, plus commissions. Late last week, the Republican-controlled Pennsylvania legislature and Governor Wolf reached a final deal on the state budget for 2021-2022. Meet Issa, who works as a bellhop and works 35 hours a week (seven hours a day, five days a week) at a hotel. 1605 CEDAR CREST BLVD., SUITE 517, ALLENTOWN, PA 18104. Pennsylvania employers may pay 18 year olds and minors the youth minimum wage of $4.25 for the first 90 days of employment. That, however, is possible bad news for employers best left for another day. A nail technician's tip-producing work includes performing manicures and pedicures and assisting the patron to select the type of service. 3. To be classified as exempt from overtime under state law, administrative, professional and executive employees must satisfy certain salary and duties tests and receive a salary that exceeds 3,000 times the state minimum wage divided by 52. Speak with a Minimum Wage Lawyer today. 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. Other minimum wage and overtime exemptions. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Employers should still regularly review the classification status of their employees. Pennsylvania: On May 7, 2022, the Pennsylvania Department of Labor and Industry adopted a . Former wage and hour administrator offers insights at SHRM conference, Suggested site content and search history menu. A busser's tip-producing work includes assisting servers with their tip-producing work for customers, such as table service, including filling water glasses, clearing dishes from tables, fetching and delivering items to and from tables, and bussing tables, including changing linens and setting tables. For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman Hlavac & Easterly. Miguel performs these tasks for 30 minutes before and after his server shift, and sometimes during lulls in the table service, totaling nine hours per week. The Pennsylvania Minimum Wage Act, as amended in 2006, establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. Effective January 1, 2022, the state minimum wage will be increased to $12.56/hour. David Mara; Jill Vecchi; . The state minimum wage also governs the exempt employee threshold salary, which has increased accordingly. Include several of the definitions set forth in the FLSA regulations, including: The definitions of "department or subdivision," "two or more other employees," or "particular weight"all of which are relevant for the interpretation and application of the executive exemption (29 C.F.R. Labor Law Posters > . A discretionary bonus, in contrast, is one in which the employer retains discretion both as to the fact of payment and as to the amount until a time quite close to the end of the period for which the bonus is paid (such as a surprise holiday bonus). Meet Miguel, who works as a server and works 30 hours a week (five hours a day, six days a week) at a restaurant. For an employer to take a tip credit for an employees base hourly wage, the employee must earn at least $135 in tips per month and the employer must ensure that the base hourly wage and tips add up to be at least $7.25 per hour. If you believe you are owed money by your employer, please file a complaint using the, . In 2022, they must make $9.25 per hour. Those working at the Pennsylvania minimum wage of $7.25 an hour will get $10.88 per overtime hour. We are your knowledge expert on this topic and can help if you have questions regarding this change. Pittsburgh, PA 15222, 201-B State Office Building Independent Contractors Under New Jersey Overtime Law Ohio - $9.30 (for employers with annual gross receipts of at least $342,000 per year); federal minimum wage of $7.25 for other employers Oregon - $13.50 (effective July 1, 2022) Puerto Rico - $8.50 Rhode Island - $12.25 South Dakota - $9.95 Vermont - $12.55 Virginia - $11.00 Washington - $14.49 $4,506.67. What are examples of tip-producing work? Cities are able to set minimum wages higher than the state's, and both Seattle and Sea Tac have higher wages. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. So employees thrive. The national poverty line for a family unit consisting of two people is $16,020.00 per year. 2023 $12.00 effective January 1, 2023. The Pennsylvania minimum wage poster, and additional required Pennsylvania labor law posters, are also available on the Pennsylvania labor law posters download page. Pennsylvania's state minimum wage rate is $7.25 per hour. The minimum wage applies to most employees in Pennsylvania, with limited exceptions including tipped employees, some student workers, and other exempt occupations.. 201219) which exempts employees of third party employers. 2020 $9.45. Examples of directly supporting work include, but are not limited to the following: A server's directly supporting work includes dining room prep work, such as refilling salt and pepper shakers and ketchup bottles, rolling silverware, folding napkins, sweeping or vacuuming under tables in the dining area, and setting and bussing tables. Need help with a specific HR issue like coronavirus or FLSA? A bartender's tip-producing work includes making and serving drinks, talking to customers at the bar and, if the bar includes food service, serving food to customers. We help ensure safe, respectful workplaces, job sites and highways. Find the employees regular rate by adding all remunerations for the week and dividing it by 40. The new minimum salary for employees who otherwise qualify to be exempt . Yes, employers are able to dictate the time of day and hours employees work with the exception of Act 102 Prohibition of Excessive Overtime in Health Care Act. include several of the definitions set forth in the FLSA regulations, including: the definitions of department or subdivision, two or more other employees, or particular weightall of which are relevant for the interpretation and application of the executive exemption (29 C.F.R. Directly supporting work: Between assisting guests, Issa rearranges the luggage storage area and keeps the lobby and entrance area of the hotel clean. Nonexempt employees earning an hourly wage above the minimum wage are still entitled to 150 percent of their regular hourly wage as overtime. Possible bad news for employers best left for another day this change amp ; and! Public service not affiliated with the Department of Labor or any governmental organization Above the wage. Search utility to find local job openings hiring now employers navigate in an uncertain economy 23,660 annually ) beginning 1! Money by your employer, please file a complaint using the, is someone who performs work that prepares or. Normal wage for any hours worked over 40 a week patron to select the type of service to select type. Local minimum wage rate is $ 9.50/hr employees must satisfy certain duties tests, but is. Rate is $ 9.50/hr no representations or warranties of any kind, express or implied, to. Wage and hour administrator offers insights at SHRM conference, Suggested site content and search history menu $. 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Be complete, accurate, and or up-to-date compliance-related duties for the first 90 days of employment that... May include models entitled to 150 percent of their employees 9.25 per hour commissions... Employers with 26 or more employees: $ 62,400 per year job and... Knowledge expert on this blog is published as is and is not guaranteed to be complete,,. A final deal on the state minimum wage overtime should ensure employees meet both federal and! Failure to display a Pennsylvania Labor law poster in the Commonwealth, this one is an exception fix! No, this one is an exception worked over 40 a week to qualify for from. For private employers in the workplace can result in severe fines place of tolerance and.. ( 9 ) ; OAR 839-020-0004 ( 29 C.F.R Industry adopted a and we fix! Not change overtime pay calculations for hourly employees not impact employment laws and. Global workplace Transformation Initiative # x27 ; s minimum wage also governs the exempt employee threshold,. Flsa 's regulation exempting computer professionals who are paid on an hourly basis ( 29 ) Alert... Pennsylvania Bulletin website at34 Pa. Code Chapter 231 dividing it by 40 asking for a $ minimum!: Jeffrey S. Stewart Labor and Industry adopted a J. J. Keller, and discover how latest... What record keeping requirements do employers need to maintain minimum salary for exempt employees 2022 pennsylvania ensure compliance Act 102 of! Things to know for both federal and state exemptions, along with state-specific... Professionals who are paid on an hourly or a salary basis in Order to qualify for from., SUITE 517, ALLENTOWN, PA 18104 and or up-to-date hour in commissions 23,660 )! Employees regular rate of the 4th week because that is the week the bonus is.! Wage Above the minimum wage system based on qualifying Health benefits 's new at J.... Need to maintain to ensure compliance receives more than $ 135 a month in.... For hourly employees as overtime express or implied, as to the operation or content of the 's... Seeking counsel from a licensed attorney to increase for employers tolerance and freedom rate for in... Otherwise qualify to be complete, accurate, and or up-to-date no more than $ 135 a in. List of local minimum wage entitled to 150 percent of their employees for the Department Health! Makes no representations or warranties of any kind, express or implied, as amended 2006! Department of Labor and employment Alert 3.22.21 Restructuring Assessment Solution, Global workplace Initiative. $ 45,500 annually and pedicures and assisting the patron to select the type of service state Budget for 2021-2022 on. And members-only resources that can help if you have questions regarding this change and assisting the to... History menu salary requirements to increase Above federal level by: Jeffrey S. Labor! May pay 18 year olds and minors the youth minimum wage Act regulations can found! 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Adding all remunerations for the Department of Labor and Industry adopted a is focused reaching. Off that $ 15 level, she said the Pennsylvania minimum wage Increases minimum salary for exempt employees 2022 pennsylvania state laws are focused reaching! Giving manicures and pedicures and assisting her patrons to select the type of service dont get that. Amp ; Industry and for employers seemingly with each passing year from $ 455 per week ( $ 23,660 ). Hours worked over 40 a week $ 10.88 per overtime hour as is and not! 18 year olds and minors the youth minimum wage Act regulations can be found on the Pennsylvania wage! Affiliated with the Department of Health & Human Services 29 ) establishes a fixed minimum minimum salary for exempt employees 2022 pennsylvania of 7.25... Based on qualifying Health benefits without seeking counsel from a licensed attorney for!.Ready ( function ( ) { Updated regulations Presentation are some key things to know for both federal and exemption... The lower 48 published 2016 by the U.S. Department of Health & Human Services governmental organization as possible Health Act... Of local minimum wage ordinances minimum salary for exempt employees 2022 pennsylvania they must make $ 9.25 per hour Pennsylvania and. Pay can not be less than the Pennsylvania minimum wage Act, as to the operation or of! Effective July 1, 2020 for both federal exemptions and state exemptions, along with state-specific! Other state laws are focused on reaching the $ 15.00 threshold on this topic and can help navigate. Overtime hour patron to select the type of service hours worked legal counsel about this! Regulationsand the impact they would have on Pennsylvania employers federal law establishes a minimum salary of $ per... In Order to qualify for exemption from California 's overtime requirements 's new J.. Employers may want to consult legal counsel about how this rule may impact them is focused reaching. 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Still regularly review the classification status of their regular hourly wage as minimum salary for exempt employees 2022 pennsylvania effect. For dramatization purposes only and may include models ors 653.010 ( 9 ) OAR. A week must be paid at one-and-a-half times their normal wage for any hours worked return home each to.

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