The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. . Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Keep in mind, however, that the FLSA EAP regulations were revised in 2004 and 2019 and regulations that were added to the FLSA EAP framework after 1968 will not guide a court's interpretation of the framework as it existed in 1968. The proposal is expected to be issued in the near future. 1305 Corporate Center Drive part 541 with an effective date of January 1, 2020. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Related:Beneficiary Rights in New York: The Basics. This field is for validation purposes and should be left unchanged. $(".drupal-dropdown").removeClass("expanded"); 2021 HerLawyer.com. ]]>, */. What are the requirements to participate in the E-3 program? $(document).ready(function () { Employers that operate across the U.S. have plenty of wage and hour issues to monitor. .h1 {font-family:'Merriweather';font-weight:700;} p.usa-alert__text {margin-bottom:0!important;} An official website of the United States government. However, if someone doesnt receive a salary, it doesnt always mean theyre an exempt employee. Still have questions? Requirements to Participate in the H-2B Program, Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues, Internship Programs Under The Fair Labor Standards Act, Employment & Wages Under Federal Law During Natural Disasters & Recovery, Major Disaster Claims Adjusters Under the Fair Labor Standards Act, FLSA Protections for Employees to Pump Breast Milk at Work, Employment of Youth in Roofing Occupations and On Roofs under the FLSA, Car Wash and Auto Detailing Establishments Under the Fair Labor Standards Act (FLSA), Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), Protection for Individuals under the FMLA, Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), Retaliation Prohibited under the H-2A Temporary Visa Program, Corresponding Employment Under the H-2B Program, Recruiting Requirements under the H-2B Program, Deductions and Prohibited Fees under the H-2B Program, Job Hours and the Three-Fourths Guarantee, Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees under the H-2B Program, Disclosure of the Job Order and Notice of Worker Rights under the H-2B Program, Retaliation Prohibited under the H-2B Temporary Visa Program, Record Retention Requirements under the H-2B Program, Employer Obligations Under the Temporary H-2B Visa Cap Increase for the Period April 1, 2022 to September 30, 2022, Private Home and Domestic Service Employment Under the Fair Labor Standards Act, Companionship Services Under the Fair Labor Standards Act (FLSA), Live-in Domestic Service Workers Under the Fair Labor Standards Act (FLSA), Recordkeeping Requirements for Individuals, Families, or Households Who Employ Domestic Service Workers Under the Fair Labor Standards Act (FLSA), Hours Worked Applicable to Domestic Service Employment Under the Fair Labor Standards Act (FLSA), Paid Family or Household Members in Certain Medicaid-Funded and Certain Other Publicly Funded Programs Offering Home Care Services Under the Fair Labor Standards Act (FLSA), Application of the Fair Labor Standards Act to Shared living Programs, including Adult Foster Care and Paid Roommate Situations, The Prohibition against Shipment of Hot Goods Under the Fair Labor Standards Act, Fluctuating Workweek Method of Computing Overtime Under the Fair Labor Standards Act (FLSA) / Bonus Rule Final Rule, Establishing a Minimum Wage for Contractors Under Executive Order 13658, Raising the Minimum Wage for Contractors Under Executive Order 14026, Construction Industry, Construction Workers, Construction Employees, Construction Employers, Restaurants and Fast Food Establishments, Tips, Tipped Workers, Tipped Employees, Tip Credit, Restaurant Employers, Employing Youth in Restaurants, Youth, minor, child, children, kid, teen, fast food, school, hazardous, restrictions, cook, server, waitress, host, work-study, customer service, barista, Professional Offices, Specialized, skill, qualified, expert, white-collar, office, learned profession, expert, exempt, overtime. While it would not be plausible to list all of the job tasks that fall under FLSA exempt job duties, well look at the main three. What benefits must be offered to H-1B workers? The list of fact sheets below will update as you type in your keyword. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. The federal Fair Labor Standards Act (FLSA) exempts certain employees from federal and state minimum wage and overtime laws. She has loved every second of it and is looking forward to many years to come. This exemption test is arguably the most difficult to discern. That is because the PMWAstatutecontinues to provide that bona fide EAP employees remain exempt. Security Guards, Protect, building, commercial, residential, intruders, damage, threat, watchman, defender, custodian, lookout, patrol, armed, unarmed, Rental Agencies, Properties, rental, sale, purchase, lease, broker, lender, residential, commercial, land, farm, invest, mortgage, home, owner, new-build, construction, property, loan, architecture, agent, banking, apartment, finance, realtor, landlord, Retail Industry, Store, shop, supermarkets, telemarketing, client, shipping, discount, merchandise, online, marketing, manufacture, clothes, shipping, packers, customer, fashion, style, inventory, cashier, customer service, State Governments, national, state, local, government, representative, constitution, tax, politics, economy, public, agencies, interstate. }; .manual-search ul.usa-list li {max-width:100%;} A salary level of $6,500 per year, as well as meeting other standards, would qualify someone for the white-collar exemptions, according to a new final rule. To qualify for the executive employee exemption, all of the following tests must be met: To qualify for the administrative employee exemption, all of the following tests must be met: To qualify for the learned professional employee exemption, all of the following tests must be met: To qualify for the creative professional employee exemption, all of the following tests must be met: To qualify for the computer employee exemption, the following tests must be met: To qualify for the outside sales employee exemption, all of the following tests must be met: Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. That means they are FLSA exempt. To qualify for the exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis of not less than $684 per week ($35,568 annually). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Changes made by the H-1B Visa Reform Act of 2004. .manual-search-block #edit-actions--2 {order:2;} ABROGATION OF DEPARTMENT REGULATIONS. Such employees who meet the duties requirements must be paid a salary of at least $112,065.20 annually or $53.80 per hour to be considered exempt. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.