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). In the context of FLSA and using regulatory language from the Department of Labor, an administrative positions main duty is office or non-manual work directly related to the management or business operations of the company or customers. The FLSA (Fair Labor Standards Act) employment law requires all employers to give eligible (or "non-exempt") workers at least the minimum wage for hours worked. What benefits must be offered to H-1B workers? 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. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Some examples of job duties that fall under this exemption include accounting, quality control, and marketing. Track your regular work hours, break time, and overtime hours. THE REGULATIONS AT 34 PA. CODE 231.82 (RELATING TO EXECUTIVE) 231.83 (RELATING TO ADMINISTRATIVE) AND 231.84 (RELATING TO PROFESSIONAL) ARE ABROGATED. Suite 400 div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 0) { .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Consequently, too many search terms may yield no results. The U.S. Department of Labor outlines the categories and the tests that must be met under the federal FLSA. 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. While the Fair Labor Standards Act sets a federal threshold for salaried (exempt) employees, several states have their own regulations. 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 details of the 2022 proposed changes are forthcoming, organizations should prepare now to address pending challenges and associated opportunities. var dropdowns = document.getElementsByClassName("drupal-dropdown expanded"); Republicans in the General Assembly opposed the increase to the salary threshold, but Gov. . Please log in as a SHRM member. There are also creative professional exemptions, which can include musicians, composers, and actors. What are the limitations on displacement of U.S. workers by H-1B workers? The site is secure. $(document).delegate(".drupal-drop-button", "click", function (event) { Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Before classifying and treating any employee as FLSA exempt, employers need to do their due diligence in confirming that the employee satisfies all tests for exemption under all applicable laws, both federal and state. 1/1/2021. Federal government websites often end in .gov or .mil. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} On September 24, 2019, the DOL announced the final rule increasing the salary threshold for exemption to the FLSA from $455 per week to $684 per week (lower than originally proposed.) #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;} 1/1/2022. And exempt salary thresholds are part of that complex matrix.