Large employers (fifty-one or more employees) must pay exempt employees at least two times the minimum wage to meet the minimum salary requirements. Two local jurisdictions have higher minimum wages and different labor rules than Washington State. Effective January 1, 2023, civil service employees at these impacted salary ranges and step will be adjusted to minimum wage. Under state law, 14 and 15-year-olds can be paid 85% which will be $13.38 in 2023. The hearings were held in July and August 2019 in Tumwater, Seattle, Bellingham, Ellensburg, Kennewick, Spokane and Vancouver. While written notice of these pay increases isnt required except for Seattle employees, advance written notice is certainly a best practice for employee retention and morale. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. HRS will assist colleges/areas in evaluating the impact of these changes. For more information on overtime exemptions in Washington, see our Legal Guide, State Laws on the White Collar Exemption from Overtime. (1) $45,000 ($865.38/week) an exempt executive, administrative, or professional employee; (2) $101,250 for those who meet the duties-requirements for HCE employees. 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. 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 minimum hourly wage for employees sixteen and older will increase to $15.74 per hour. This is true in certain other states as well, some of which will have a new minimum wage in 2023. As a result of a new state minimum wage, the salary thresholds used to determine which workers are exempt from overtime under state law also increased effective January 1, 2023: Note: Employers of any size may pay exempt computer professionals by the hour, provided they pay at least 3.5 times the minimum wage ($55.09 per hour in 2023). California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Washington State Proposal Would Radically Increase Exempt Salary Threshold The Washington Department of Labor and Industries recently issued proposed amendments to the state's white-collar. Please understand that merely contacting us does not create an attorney-client relationship. When state and federal thresholds conflict, businesses must meet the threshold most favorable to employees. $16.50 per hour (up from $15.75 per hour) for employees of smaller employers who receive medical benefits worth at least $2.19 per hour or earn at least that much per hour in tips. STATE does not have a highly compensated employee exemption. For the computer professional employee exemption, the employee may be paid by salary (as long as it is at least $684 per week) or by the hour (as long as it is at least $27.63 per hour). BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Breaking the Link New Developments on U.S. 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. Using the 2023 minimum wage starting January 1, 2023, L&I calculated . 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). See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. I am writing today about a change in state regulations that will affect many of our staff colleagues as we enter the new calendar year. Seattle's minimum wage for large employers will increase from $17 . Unlike teaching professionals, however, positions falling within the Executive, Administrative, or Professional exemptions are subject to a state-required minimum salary to be classified as exempt.. If you have questions about which rates apply to your employees or whether they are exempt, contact your Vigilant Law Group employment attorney. Note: The minimum salary threshold does not apply bona fide teachers exempted under the Professional Exemption. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. 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. The state's minimum wage increased on January 1, 2023. Exempt salary: As a result of the minimum wage increase for nonexempt employees, the minimum salary for white-collar workers who are exempt from overtime will increase as of January 1, 2023, as well. Recent CFPB Actions Focus on Protecting Military Families, New and Updated Guidance on the Scope of the UK Plastic Packaging Tax. However, if paid by the hour, the minimum hourly rate for 2022 for computer professionals is $50.72 per hour. In other cases, employers may need to increase salaries for exempt employees. If you would ike to contact us via email please click here. Public input during the rulemaking processL&I updated the overtime rules through a rulemaking process that began in March 2018. Human Resources will provide training and share best practices to guide supervisors through the impact of these changes. 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. 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 . Exempt computer professionals may be paid based on either the exempt salary threshold ($52,743.60 annually for 2022) or by the hour. For additional information, you can contact L&I's Employment Standards program or 1-866-219-7321. Employment Standards message: 2023 salary thresholds set for overtime exempt employees. Her practice extends to private sector clients. This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. More information on the process and the civil service salary schedule will be available shortly. Beginning January 1, 2023, these employees must earn at least: $53.80 per hour (for all hours worked); or A monthly salary of $9,338.78; and An annual salary of $112,065.20 Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Mr. Pankratz has experience successfully representing employers in executive termination, non-compete and unfair competition disputes. Departments that have employees physically working in these cities must ensure they are paid in accordance with the city minimum wage ordinance. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. Due to the monthly base pay model at the UW requiring rounding up to a whole dollar amount, the UWs monthly and annualized thresholds are slightly higher than the states weekly threshold as shown in the table below: L&I Salary Threshold effective Jan 1, 2023. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? HR will reclassify those employees as "nonexempt" on January 1, 2023. Check outtheovertime rulemaking documents. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. State Developments, Wage and Hour, Washington. They will be paid for all hours worked, and time and a half (or compensatory time at time and a half) for all hours worked over 40 in a workweek. 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. The Washington State Labor and Industries (L&I) announced the minimum salary an employee must earn to be exempt from overtime. Exempt computer professionals: The minimum salary rate for exempt computer professionals who are paid hourly will also increase as of January 1, 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. $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). Statement in compliance with Texas Rules of Professional Conduct. For the outside sales employee exemption, there is no minimum salary requirement. Mr. Pankratz has extensive experience representing employers both locally and nationally on various employment Brenda Bannon is of counsel in the Seattle office of Ogletree Deakins and joined the firm in March 2019. 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. Information regarding minimum wage can be found on theHRS website. 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. Seattle and the City of SeaTac have minimum wage rates higher than the state minimum. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. 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. The threshold salary is required regardless of how many hours an exempt employee works in the week, so even a part-time employee must be paid at this new higher salary (not a prorated portion of it) to satisfy the overtime exemption. Suggest a topic and we might discuss it in a future blog post. v5lJUmb"DbmR`U(vlf$2Y0@`5D#NW'3uUjJmLpgLF1MaLp!GHa67!?BW0CpbzqS&co6FQd+nV3XJ"cr BFND .9`yANhs-aj[c_ [Fg25SHsL ^h "9I\ (s#%=]XzqEh$P=%D&H.&Ab}d!,x\pK+!r dev"! See new exemption . Effective January 1, 2023, student and non-student hourly employeeswith a pay rate below minimum wage will be automatically increased to $15.74 per hour. All our faculty and staff, regardless of whether they are exempt or nonexempt, perform important work in support of our mission. For additional information, visit Washington State Department of Labor and Industries Changes to Overtime Rules website and the Salary Threshold Implementation Schedule. Chris Edison. This change will impact student and non-student hourly employees, state work study rates and some civil service employees. The following is a comprehensive list of the exempt status salary threshold by state. Employees with a combination of FTE and salary that falls below $1,259.20 per week will be converted to an overtime eligible job code no later than the last week of December 2022. The effective date for the changes was July 1, 2020. is using a security service for protection against online attacks. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. The change in the state minimum wage also increases the new state minimum salary thresholds for Overtime Exempt Employees. Washington Visit Here. 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. BY The list includes some special districts in states but does not include all of said districts. In 2023, large employers must pay exempt employees at least $1,259.20 per week ($65,478.40 per year) to meet the states minimum salary requirement to be exempt from overtime requirements. Supreme Court Clarifies the Meaning Salary Basis Under Federal OIRA Calls for Feedback on Recommendations to Encourage More FTCs One-Two Punch on Data Tracking and Health Privacy. The Washington state overtime threshold for exempt jobs as of January 1, 2021 is set by state rule at 1.75 times the state minimum wage and will be $958.38 per week. 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. SeaTac minimum wage: The City of SeaTac also maintains its own minimum wage rate covering certain transportation and hospitality employees working within the city. Federal law allows us to use to calculate salary threshold. Before applying this information to a specific management decision, consult legal counsel. For 2022, the wage for 14 and 15 year olds will be $12.32 per hour. Can Nonprecedential Decisions Be Relied Upon? Washington's minimum wage is $14.49 per hour, up from $13.69 per hour in 2021. Although the federal minimum wage has been $7.25 for years, 29 states and Washington, D.C., have higher rates, and many new wage hikes took effect this year. Hes full of profound truisms, and this one has always, On January 14, 2023, the Washington Department of Labor & Industries (L&I)s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the, Evaluate classifications for employees paid a daily rate The following is a comprehensive list of the exempt status salary threshold by state. A new 2023 version of the required workplace poster is available online. 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). 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. Michigan PFAS Challenge Arguments Briefed For The Court. For additional information, please see the HR website: FLSA and WMWA overtime eligibility and exemption. 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. The Temporary Employment and Student Employment Classification/Compensation Plansareavailable on theHRS website. Given the steep increase in the minimum wage, the states salary requirements for exempt employees are also increasing significantly. Governor Evers stated he would issue the order on Tuesday, March 24, 2020. If you live in a county with a special exempt threshold and do not see it listed, visit your district Department of Labor website to obtain accurate information. Ms. Bannons practice has emphasized the defense of municipal and other governmental clients in state and federal court litigation, in addition to providing routine employment law advice and counsel to local agencies Human Resources professionals. The new state minimum wage for 2023 is $15.74 an hour. Employers may want to consult legal counsel about how this rule may impact them. Its Here The New National Cybersecurity Strategy. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal threshold. The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Small employers (1-50 employees) will have to pay at least 1.75 times the state minimum wage ($1,101.80 a week), and large employers (51 or more employees) will pay at least 2 times the minimum wage ($1,259.20 a week). Details are available on the Department of Labor and Industries (L&I) Washington minimum wage webpage. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Here are some key things to know for both federal exemptions and state exemptions, along with some state-specific changes for 2023. If other salary changes are needed, departments should process those actions in accordance withuniversity policies. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 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. Washington House . 1/1/2023 . Departments must monitor employee work location to ensure the pay rate is correct and make necessary adjustments. 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 . It will continue to increase annually thereafter based on inflation. The annualized L&I threshold for 2022 is $52,752. Note: In Colorado, an exempt employees salary generally must also be sufficient to satisfy the minimum wage for all hours worked in a workweek. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Rep. Mark Takano, D-Calif., led the questioning, noting that he sent a letter to encourage the DOL to adopt a salary threshold that by 2023 would be around $85,000 annually. Employees aged 14 to 15 years old must earn at least $13.38 per hour in 2023. AG Clamps Down on Local Solar and Battery Storage Moratoria. The list does not include the city/county thresholds for California. ~$65,478.40 (2 x Minimum Wage, Employers with 51 or more Employees). Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Six states increased the minimum salary requirement for overtime exemption on January 1, 2023. Some states also bumped their exempt . Mar 02, 2023 Telehealth Update: DEA Issues Long-Awaited Proposed Rule on Prescribing Controlled Navigating the FCC's Universal Service Program: Compliance Requirements for Service Providers, Financial Services: Use of Limitation-of-Liability Clauses in Fiduciary Relationships. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. Licenses for Exports to Are You Ready for the UPC? This means an employee exempt from overtime pay must earn at least $1,101.80 a week or $57,293.60 a year. 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). Managers will need to assess staffing patterns and design the work to balance resources and overtime. Mr. Pankratz represents corporations and management in a myriad of employment-related and complex commercial matters, including litigation involving discrimination, retaliation, harassment, wage and hour, wrongful termination, ADA and FMLA leave issues, and other matters in state and federal courts and administrative agencies. This rate is subject to mandatory annual adjustments which are usually announced in October or early November. This increase impacts the 2022 salary thresholds for overtime exempt workers; specifically, to be exempt from overtime pay, an employee needs to be paid at least $1,014.30 per week ($52,743.60 annually). DC Circuit to Disputes Ancillary to Patent Matters: You Cant Sit Consumer Fraud PFAS Cases Continue To Rise. The state anticipates that by 2028, nearly 260,000 positions that were previously exempt under the Minimum Wage Act will be impacted. 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. 2023 salary thresholds set for overtime exempt employees, Chapter 296-128 of the Washington Administrative Code. Starting January 1, 2022, the Washington state minimum wage will be $14.49 per hour. These increases impact several state wage requirements that youll want to be aware of if you have employees in Washington. Small employers (with 1-50 employees) will have a more gradual phase-in schedule to give them additional time to comply with the new rules compared to large companies (51 or more employees). The service requires full JavaScript support in order to view this website. Please enable cookies on your browser and try again. 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]. 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. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. Due to an increase in the state's minimum wage, the minimum salary required for the administrative, professional and executive exemptions from overtime under state law increased to $796.17 per week on January 1, 2023. 2023 Exempt Status Salary Threshold by City and State. 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. As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. The state previously used two job duties tests that have been reduced to one test with language that now more closely aligns with the federal job duties tests. Vice President for Human ResourcesSU People and Culture Strategies, By using our website, you agree to our cookie policy, Skip to Apply, Request Info, Jobs, Contact links, Institute for Catholic Thought and Culture, Center for Ecumenical and Interreligious Engagement, Washington State 2023 Salary Threshold Change. The public submitted almost 2,300 comments by email, fax, and mail, and 182 people testified during public hearings during this process. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. HR will provide more information in the coming days, including supervisor guidance and direct communications to staff colleagues directly impacted. 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. This means that the universitys Executive, Administrative or Professional staff members who earn less than $65,478.40 as of January 1, 2023along with tens of thousands of similarly situated employees across the statewill no longer be exempt. HR will reclassify those employees as nonexempt on January 1, 2023. Updated: Dec 13, 2022. . This increase represents an increase of $1.25 per hour, or an 8.66 percent increase year over year. The National Law Review is a free to use, no-log in database of legal and business articles. US Executive Branch Update March 2, 2023. Waters of the United States and Winston Churchill. Critically, the "nonexempt" classification is not a reflection of the importance of a position. It will continue to increase annually thereafter based on inflation. On January 1, 2021, Washington's minimum wage will increase from $13.50 to $13.69. The changes are summarized below: To be classified as exempt from overtime under state law (Alaska Statute 23.10.055), bona fide administrative, professional and executive employees must satisfy certain salary and duties tests. 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. es.a.9.9 salary thresholds page 1 of 6 6/26/2020 administrative policy state of washington department of labor and industries employment standards title: salary thresholds for number: es.a.9.9 exemption from minimum wage act for white-collar workers issued: 6/26/2020 Effective January 1, 2023 under the WMWA, the minimum actual gross salary a position can be paid and still remain overtime exempt increased from $1,014.30 per week to $1,259.20 per week ($65,484 per year or $5,457 per month). Please contact your HRS Service Team if you have any questions. These changes affect executive, administrative, and professional (EAP) workers as well as outside salespeople and computer professionals across all industries in Washington. of Business Administration. The U.S. Department of Labor in September 2019 updated the federal overtime rules regarding executive, administrative, and professional workers. 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. The minimum salary threshold will increase through January 1, 2028, at which time it is projected to reach $93,288.