The employees primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. Thus, it is expected that courts will interpret the PMWA's EAP exemptions by reference to how the EAP exemptions were defined under the FLSA in 1968. Minimum wage laws differ in each state and change frequently. li").focus(); Some examples of job duties that fall under this exemption include accounting, quality control, and marketing. Computer professionals: $50.00 per hour; $8,679.16 per month; $104,149.81 per year. So far there have been no changes for 2022. The list of fact sheets below will update as you type in your keyword. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); p.usa-alert__text {margin-bottom:0!important;} Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Starting with Alaska, exempt employees must be paid two times the state minimum wage for the first 40 hours worked each week, excluding board or lodging from the employer. The employee must be customarily and regularly engaged away from the employers place or places of business. $961.54 per week ($50,000 per year) January 1, 2024. This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. .manual-search-block #edit-actions--2 {order:2;} All exempt employees must be paid a salary. Rather, it repealsthe entire regulatory frameworkfor defining the EAP exemptions under the PMWAregulations that have been in place since 1977. 700+ Entries800+ Experts Consulted18,000+ Weekly Learners. }); if($('.container-footer').length > 1){ Before sharing sensitive information, make sure youre on a federal government site. }); The PMWA was enacted on Jan. 17, 1968, and the PMWA's EAP exemption language generally tracks the FLSA's exemption for "any employee employed in a bona fide executive, administrative, or professional capacity." Still, an employer can and should set expectations if there are business hours during which employees need to be available, what their job performance standards are, and how to meet those standards. As mentioned above, to qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis. What records must an H-1B employer make available to the public? We're here for you 24/7. In Maine, an exempt employees regular annual compensation must exceed 3,000 times the states minimum hourly wage or federal rate (whichever is higher). What benefits must be offered to H-1B workers? .cd-main-content p, blockquote {margin-bottom:1em;} The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. What are the requirements to participate in the H-1B program? Non-exempt employees arguably have more clear-cut guidelines, and exempt employees processes are a bit more complicated. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement. THE REGULATIONS AT 34 PA. CODE 231.82 (RELATING TO EXECUTIVE) 231.83 (RELATING TO ADMINISTRATIVE) AND 231.84 (RELATING TO PROFESSIONAL) ARE ABROGATED. For an employee to be classified as exempt, they must be salaried at or above a minimum level, and their job duties must be categorized as such under FLSA. $(document).ready(function () { FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be. ol{list-style-type: decimal;} } var target = this.nextElementSibling.classList.value; .agency-blurb-container .agency_blurb.background--light { padding: 0; } There are serious consequences if you inaccurately classify an employee as exempt, including paying back the overtime pay the employee was denied due to being incorrectly classified, plus fines. That repeal was memorialized inHB 336, which was approved in the General Assembly on June 25, presented to Wolf on June 28, and became law as "2021 Act 70" on July 9. What are the limitations on displacement of U.S. workers by H-1B workers? [CDATA[/* >

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