In 1968, the FLSA EAP exemptions were subject to the following standards: At first glance, these standards may appear to share a lot in common with their contemporary FLSA counterparts (apart from the much lower salary threshold). Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. .agency-blurb-container .agency_blurb.background--light { padding: 0; } */. } Find more information from the DOLs Wage and Hour Division,which includes exempt salary information on: This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. Not all aspects of the three job duties described below need to be performed by the employee in order for them to become exempt, but they must fall under and be able to be proven for at least one of them. 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. Rules for Employing Youth and the Loading of Power-Driven Balers and Compactors under the Fair Labor Standards Act (FLSA), Cooking and Baking under the Federal Youth Employment Provisions of Fair Labor Standards Act (FLSA), Application of the Federal Youth Employment Provisions of the Fair Labor Standards Act (FLSA) to the Employment of lifeguards, Day Laborers Under the Fair Labor Standards Act (FLSA). Need help with a specific HR issue like coronavirus or FLSA? What additional records must be maintained by an H-1B-Dependent or Willful Violator employer? What records must be maintained by all H-1B employers? If you do, we'll connect you to a qualified lawyer today. So far there have been no changes for 2022. The 2024 salary . Application of Federal Labor Laws to Reforestation, Application of Federal Labor Laws to Pine Straw, Call Centers under the Fair Labor Standards Act (FLSA), Rounding Practices for Student-Learners Earning Subminimum Wages, The McNamara-OHara Service Contract Act (SCA). This was set in 2020 and will go through 2023, but is subject to being changed and likely will go up with time. hasPagination: true #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 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. 1305 Corporate Center Drive The company is headquartered in Eagan, Minn. What records must an H-1B employer make available to the public? Employers that operate across the U.S. have plenty of wage and hour issues to monitor. However, if someone doesnt receive a salary, it doesnt always mean theyre an exempt employee. Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Subscribe to our blog for the latest employment law news. Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis, to satisfy up to 10 percent of the standard salary level. That means they are FLSA exempt. The employees primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. As mentioned above, to qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis. [CDATA[// >