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15 Subsidized Temporary Youth / Transitional Employment Program – Under 18 Years Old. New York: The general wage order45 provides – in part – that employers must pay an employee for overtime at a wage rate of one-and-one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of section 7 of the FLSA. For large businesses (51 or more employees), an exempt employee must earn a salary of at least 1.75 times the minimum wage, or $49,831.60/year. Federal law establishes a minimum salary of $684 per week for the professional exemption. Salary thresholds for overtime exempt workers are a multiplier of state minimum wage for a 40-hour workweek. 43 Other states that require employers to pay these employers the minimum wage, but which will not experience a minimum wage increase in 2021, include: Georgia ($5.15); Nebraska ($9.00); and North Dakota ($7.25). ), Las Cruces), Ohio, South Dakota, Vermont, Washington (incl. 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. 36 An employee must earn a monthly salary equivalent to no less than 2 times the state minimum wage for full-time employment (employment in which an employee is employed for 40 hours per week). Additionally, the ballot measure changes the minimum cash wage for tipped employees standard from half the state minimum to half the local minimum wage. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the “white collar exemptions”) from $455 per week (or $23,660 annually) to $684 per week (or $35,568 annually). Oregon: An employee’s regular rate of pay must exceed one-and-a-half times the state minimum wage, which on July 1, 2021, will increase to $14.00 per hour (urban), $12.75 per hour (general), and $12.00 per hour (non-urban). … Chronologically, the increases will occur as follows: November 1, 2020: New Jersey (Long-Term Care Facility Direct Care Staff); December 31, 2020: New York (Nassau, Suffolk & Westchester Counties; Remainder of State; Fast Food Worker Outside New York City). January 1, 2021: Alaska, Arizona (incl. In many cases, the state criteria are harder to meet than the federal criteria. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. In some states, the minimum salary requirement for overtime exemption increases automatically whenever the minimum wage increases. Or. 7 At the time of publication, Oakland had not announced its adjusted 2021 hotel-worker-specific minimum wage rates. 6. New Mexico, New Year, New Issues: State Rate Exceeds Various Local Rates in 2021. 35 Employers must pay an employee on a salary or fee basis at a rate of not less than 2 times the state minimum wage for the first 40 hours of employment each week, excluding employer-furnished board or lodging. On January 1, 2021, the minimum salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law increases to $778.85 per week. In Albuquerque and Las Cruces, employers must pay tipped employees a minimum cash wage (MCW) that is no less than 60% or 40% of the applicable minimum wage, respectively. In various states, executive, administrative, or professional employees are exempt from state overtime requirements, but not exempt from state minimum wage requirements. Next, we highlight state, counties, and cities where, for tipped employees, the minimum cash wage and/or tip credit will increase in 2021. In 2021, this would be $958.30 a week and $49,831.60 a year. However, if the direct wage plus tips does not equal the minimum wage, an employer must pay the employee the difference. 21 This includes any rate that would be in effect before the scheduled increase in 2021. Portland, Maine voters approved Question A, which increases the citywide minimum wage in future years, on January 1, to $13.00 (2022), $14.00 (2023), and $15.00 per hour (2024). 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. Materials accompanying the ballot measure do not discuss the affect, if any, of the ballot measure’s amendments on the Department’s adjustment (e.g., Amendment 2 says the state will annually adjust the rate beginning on September 30, 2027). However, currently under state law, employers must pay covered tipped employees a minimum cash wage of $2.35 per hour. As a result of the change in the state's minimum wage, the minimum salary required for administrative, professional, and executive employees exemptions under state law will increase to $700.97 per week, or $36,450 per year on January 1, 2021. New York41 (Nassau, Suffolk & Westchester Counties), Computer & Medical Professional Minimum Pay Increases. Please note that in the following states with 2021 rate increases, tip credits are prohibited (so they are not included below): Alaska; California; Minnesota; Montana; Nevada; New York (Employees outside the hospitality wage order only);Oregon; and Washington State. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog. However, in their CPI-adjustment announcements, Albuquerque and Las Cruces say the local minimum wage will increase to $10.50 per hour, i.e., the state minimum wage. 4 The minimum wage for employers with 26 or more employees remains $15.00 per hour. The ADP logo, ADP, RUN Powered by ADP, and HR{preneur} are registered trademarks of ADP, Inc. and its affiliates. Among other things, the rule increases the minimum salary requirement incrementally until it reaches 2.5 times the state minimum wage in 2028. Tipped employee standards can be more complicated in New York, so we give the Empire State its own section. Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. Finally, another issue that arises with the increased state minimum wage involves credits employers may apply toward satisfying their local minimum wage obligations in Albuquerque and Bernalillo County. California requires the minimum salary for exempt employees to be twice the state hourly minimum wage level. On January 1, 2022, the minimum … Each January 1 afterwards, the city will annually adjust the rate based on changes to the CPI. Earlier this year, the state of Washington published a final rule that updates the criteria for determining which workers are exempt from overtime under state law. The new minimum salary is now $684 per week, or $35,568 annually. When making their annual adjustment announcements, the cities based their MCW on the state minimum wage, rather than what the adjusted local minimum wage would be. Moreover, many have established rate increases across multiple years, sometimes followed by annual adjustments based on CPI changes. As the state minimum wage for employers with 26 or more employees will be $14.00 per hour, such employers will be unable to claim the full local credit without violating state law. This rule took effect on … District of Columbia: An employee’s regular rate of pay must exceed one-and-a-half times the district minimum wage, which on July 1, 2021, will be annually adjusted from its current $15.00 per hour rate. Using the 2021 minimum wage, L&I has calculated the salary thresholds taking effect Jan. 1, 2021: Small businesses (1-50 employees): An exempt employee must earn a salary of at least 1.5 times the minimum wage, or $821.40 a week ($42,712.80/year). L&I changed the minimum amount these exempt employees must earn when updates to the state overtime rules took effect July 1. The U.S. Department of Labor recently released a proposed rule increasing the long-standing amount, as one of the requirements for “exempt” employees under the Fair Labor Standards Act. As a result, the state rate could exceed the local rate. Exempt Employees. The FLSA allows for exemptions from these overtime and minimum wage requirements for certain employees who work in administrative, professional, and executive jobs (known as "exempt" employees). Notably, the ballot measure creates a special minimum wage rate – 1.5 times the minimum wage – for work employees perform during a declared emergency; however, the increased minimum wage rate does not apply to telework. Minnesota: An employee’s regular rate of pay must exceed one-and-a-half times the state minimum wage, which on January 1, 2021, will increase to $10.08 per hour for employers with $500,000 in annual gross sales, and to $8.21 per hour for employers with less than $500,000 in annual gross sales, and certain hotels. Generally (Outside Hospitality Wage Order): Beginning on December 31, 2020, employers cannot apply a tip credit, and employees must be paid the full minimum wage (see chart above). If the rate will not change, we do not include that information. 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