Proudly founded in 1681 as a place of tolerance and freedom. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. 1130 12th Ave., Suite 200 Altoona, PA 16601-3486 Phone: 1-877-792-8198 or 814-940-6224, 1301 L&I Building 651 Boas St. Harrisburg, PA 17120-0019 Phone: 1-800-932-0665 or 717-705-5969, 110 North 8th St. Suite 203 Philadelphia, PA 19107 Phone: 215-560-1858 or 1-877-817-9497, 301 5th Ave. In addition, an employer may not take a tip credit for any work that does not either directly generate tips or support work that directly generates tips. We do not often have good news to report for Pennsylvania employers in this blog. These regulations clarify that for the purpose of calculating overtime the regular rate is based on a 40-hour work week. Licensed physicians and surgeons: $91.07 per hour. You may be paid under the Pennsylvania minimum wage if you fit into one of the following categories: The current Pennsylvania minimum wage of $7.25 per hour is the lowest amount a non-exempt employee in Pennsylvania can legally be paid for hourly work. An announcement by an employer that no overtime work will be permitted, or that only overtime work authorized in advance will be paid, does not cancel the employer's obligation to pay overtime to workers for hours worked beyond 40 hours per week. Minimum Wage. Federal regulations regarding exemptions for executive, administrative, and professional employees from overtime remain in effect. Effective January 1, 2022, the minimum salary threshold for these exemptions are: Employers with 1-25 employees: $58,240 per year. Duties that do not generate tips and are not directly related to duties that generate tips include (but are not limited to) painting, taking inventory of backroom supplies, ordering supplies, scheduling, cleaning bathrooms. For example, the rule: While DLI also committed to "look to federal law for guidance for interpreting its regulations," the rule differs from existing federal regulations in significant ways. For example, the rule does not: Pennsylvania employers have one year to prepare for a new state salary threshold that significantly exceeds the FLSA standard. of Labor and Industry and at a meeting to be held no later than 60 days before the effective date of the adjusted weekly salary rate, the Minimum Wage Advisory Board may provide advice and consultation to the Secretary regarding the adjusted weekly salary rate. The Pennsylvania Minimum Wage Act establishes a fixed Minimum Wage and Overtime Rate for employees in Pennsylvania. Keystone State. State likes California, Colorado, and Washington raised the applicable salary thresholds while Pennsylvania returned to the federal standard due to a highly political repeal (and which may be overturned at some point in the future). 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). What record keeping requirements do employers need to maintain to ensure compliance? Please see the overtime FAQs and examples further down this website for more information. Cleaning the kitchen or bathrooms is not part of the tipped occupation of a busser. This is a 28% increase Need help with a specific HR issue like coronavirus or FLSA? Former wage and hour administrator offers insights at SHRM conference, Suggested site content and search history menu. Likenesses do not necessarily imply current client, partnership or employee status. Over a 4week period, the employee worked 40, 50, 44, and 46 hours. raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker); and. Pennsylvania employers may not pay you under $7.25 per hour unless you or your occupation are specifically exempt from the minimum wage under state or federal law. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Pennsylvania utilizes the 80/20 rule as of August 5, 2022. The minimum wage applies to most employees in Pennsylvania, with limited exceptions including tipped employees, some student workers, and other exempt occupations.. For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman Hlavac & Easterly. Federal law establishes a minimum salary of $684 per week for the professional exemption. As a result of the change in the states minimum wage, the minimum salary required for these exemptions under state law increased to $868 per week (twice the minimum wage for a 40-hour week) on January 1, 2023. The final regulation also makes modest revisions to the duties test, designed to more closely align the PMWA with its FLSA counterpart. Keystone State. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Act 102 states that except for circumstances addressed in the law, direct care workers cannot be required to workin excess of an agreed to, predetermined and regularly scheduled daily work shift. 541.106). J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. var temp_style = document.createElement('style'); This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Both federal and Minnesota wage and hour laws allow employers to make certain employees exempt from overtime and minimum wage requirements. Failure to display a Pennsylvania labor law poster in the workplace can result in severe fines. Minimum Wage for Employers with 26 Employees or More. A hotel bellhop's directly supporting work includes rearranging the luggage storage area and maintaining clean lobbies and entrance areas of the hotel. Pennsylvania Raises Exempt Salary Threshold The Pennsylvania Department of Labor and Industry published its final rule to substantially increase the salary cutoff for exempt executive,. On September 22, 2022, the NYS Division of the Budget issued its report on minimum wage rates scheduled to take effect on December 31, 2022. Tip-producing work: Sofias tip-producing work includes giving manicures and pedicures and assisting her patrons to select the type of service. State Minimum Wages | Download mandatory workplace posters that must be placed in every Pennsylvania business governed by the Minimum Wage Act below. This blog is made available by Foley & Lardner LLP (Foley or the Firm) for informational purposes only. This article was written by Terri Dougherty of J. J. Keller & Associates, Inc. Get the information and products you need to stay on top of industry changes and comply with regs. Each threshold is different and may be increasing or remaining the same for the upcoming year. For these employees, CalHR approves the salary range for each position and determines any annual increase. The United States Department of Labor (USDOL) The tip-producing work of a tipped employee who both prepares and serves food to customers, such as a counterperson, includes preparing and serving food. Even now, however, the above differences between the PMWA and FLSA regulations mean that potential traps already exist for unwary employers that comply in good faith with the FLSA but fail to ensure that their EAP employees also qualify as exempt under the PMWA. The previous minimum salary of $937 for these employees. Include any version of the FLSA's regulation extending the professional exemption to employees with a primary duty of teaching at an educational establishment (29 C.F.R. The regular rate of pay cannot be less than the Pennsylvania minimum wage, which currently is $7.25/hour. The final regulation provides that an employer may satisfy up to 10 percent of the salary amount by the payment of nondiscretionary bonuses, incentives and commissions that are paid annually or more frequently. Starting in 2023, and every three . Reposted with permission. Affiliate of the Society for Human Resource Management, Home Blog 2021 New PA Overtime Exemption Minimum Salary Requirements Repealed in State Budget Deal, Relief for Employers: New Pennsylvania Overtime Exemption Minimum Salary Requirements Repealed in State Budget Deal. Cleaning non-residential parts of a hotel, such as the exercise room, restaurant, and meeting rooms, is not part of the tipped occupation of a hotel housekeeper. The minimum salary for exempt employees in Long Island and Westchester also increases from $1,050 per week to $1,125 per week, or $58,500 per year, on January 1, 2022. The Texas Minimum Wage Act does not prohibit employees from bargaining collectively with their employers for a higher wage. Accordingly, in addition to reviewing salary levels, employers should review jobs, job descriptions and to ensure all employees are classified properly. Businesses that provide banquets, special function, or package deals must provide patrons with contracts and menus with a statement that explains that services fees are not gratuities. We previously wrote about these regulationsand the impact they would have on Pennsylvania employers. The employer can take a tip credit for 32.5 hours of Issas 35-hour workweek, because she performs the tip-producing work of assisting guests with luggage and because her amount of directly supporting work does not exceed 20 percent of her weekly hours (20% of 32.5 hours = 6.5 hours) in which Issa is engaged in a tipped occupation. 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 . A bartender's tip-producing work includes making and serving drinks, talking to customers at the bar and, if the bar includes food service, serving food to customers. The minimum salary threshold requirements will remain the same for the EAP exemptions for both the PMWA and the Fair Labor Standards Act (FLSA), $684 per week or $35,568 annually. The employee did not work overtime this week, Weekly Pay: $1,000 weekly salary + $0.00 overtime pay = $1,000, Overtime Pay: $25Regular Rate x 10 Hours of Overtime x 1.5 (time and one-half) = $375Overtime Pay, Weekly Pay: $1,000 weekly salary + $375overtime pay = $1,375weekly pay, Overtime Pay: $25 regular rate x 4 hours of overtime x 1.5 (time and one-half) = $150 Overtime Pay, Weekly Pay: $1,000 weekly salary + $150 overtime pay = $1,150 weekly pay. The minimum annual salary for exempt employees, currently at $35,568, would increase to more than $56,000 if the DOL adjusts the rate from its 2016 proposed rule for inflation. Employers are prohibited from deducting any credit card or other payment processing fees from employees' tips. Other minimum wage and overtime exemptions. Overtime Pay: $0.00. All tips and gratuities paid by cash, credit card, or other non-cash method of payment are the property of the employee receiving them. If you believe you are owed money by your employer, please file a complaint using the The definitions of "primary duty," "customarily and regularly," "directly and closely related" or any of the other provisions of 29 C.F.R. $4,506.67. January 1, 2021. This content provides practical information concerning the subject matter and is provided with the understanding that ADP is not rendering legal advice or other professional services. As you may have seen, the CDC recently announced that their recommendations now include fewer mitigation efforts. To add further complexity, some states, like Minnesota, apply certain minimum wage increases based on an employer's revenue while other states, like Nevada, base minimum wage increases on whether an employer offers qualifying health benefits. If applicable, please note that prior results do not guarantee a similar outcome. The PMWAs requirements apply to essentially all employers in Pennsylvania. And several more are planning to increase their minimum wages by 2021. Align the outside sales exemption under the PMWA with its federal counterpart (29 C.F.R. The minimum wage in Pennsylvania is set on par with the federal minimum wage, so if the federal minimum wage increases, so will Pennsylvania's minimum wage. Pennsylvania employers avoided an impending wage and hour compliance landmine, thanks to the always interesting annual budget negotiations. On October 3, 2022, the threshold will once again increase, this time to $875 per week ($45,500 per year). Pittsburgh, PA 15222, 201-B State Office Building Certain types of jobs Certain jobs are exempt from minimum wage laws. [Read more]. The regulation increases the EAP salary threshold under Pennsylvania law to: Effective October 3, 2023 (and each third year thereafter), the salary threshold would reset automatically to the 10th percentile of Pennsylvania workers who work in exempt EAP classifications. 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