About a year or so ago, Pennsylvania Governor Tom Wolf announced a plan to direct the Department of Labor & Industry (PA’s version of the DOL) to change the overtime rules in PA: The first step will raise the salary level to determine overtime eligibility for most workers from the federal minimum of $455 per week, $23,660 annually, to $610 per week, $31,720 annually, on Jan. 1, 2020. The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. Under federal law, overtime is paid at one-and-a-half times the employee’s regular rate of pay (also known as time and a half) for hours worked above 40 in a workweek. Just be sure you are not violating any provisions in the employee’s contract. Not all salaries are funded by state tax dollars; some salaries are paid with federal funds, tolls, or fees. The PMWA is the state-law equivalent of the federal Fair Labor Standards Act (FLSA). Effective January 1, 2020, employees must earn at least $684 per week ($35,568/year), receive a salary, and perform particular duties (as defined by the FLSA) to be considered exempt from overtime … While some employers or union contracts may specify that employees can receive double time for some hours worked, in the absence of these agreements, PA overtime laws never require paying double wages to any employee for any number of … How does overtime work? In 2019, these are some of the laws that will take effect in state: SB 1343 expands anti-harassment training requirements to businesses with five or more employees. Under California employment law, salaried employees can be classified as exempt or non-exempt.Non-exempt salaried employees are eligible for overtime. You can find our posts on 2020 laws here and 2019 laws here.. The United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. A salaried employee is anyone who receives the same salary every week, or less often, regardless of how many hours are worked, provided some work is done that week. Everyone generally understands that exempt employees are paid an annual salary with no overtime for hours worked over 40 in a week, and non-exempt employees are paid an hourly wage or salary, but are entitled to overtime at 1 ½ times their hourly wage for hours worked over 40 in a week. More than a year ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary requirement for the white-collar overtime exemptions under this law. If You Are On Call at Work. Exempt salaried employees may not be eligible for overtime; however, employers have to pay salaried exempt employees at twice the minimum hourly wage based on a 40-hour workweek. Effective date: Jan. 1, 2019. In 2018, California enacted numerous labor and employment laws that take effect Jan. 1, 2019, including rising minimum wages and exempt salary thresholds. Specifically, the DOL raised the salary level for employees who are counted as “exempt,” or unable to earn overtime pay.. Summary by AAPA’s Professional Advocacy Staff, updated January 2020. Under the new overtime rules, if you have employees whose annual salary is less than $47,476, ($913 per week), those employees will be eligible for overtime pay. Salary and wage amounts do not include other forms of compensation, such as overtime. Labor laws for salaried versus hourly employees are codified by the U.S. Department of Labor in the Fair Labor Standards Act of 1938. California is often in the forefront of labor law. While 2020 has been anything but predictable, the year saw the quick passage of numerous labor and employment laws – and employers must quickly prepare to address them come January 1. These standards are enforced by the Department's Wage and Hour Division. This guide provides news on the salary question ban, with a list of salary history laws by state and locality. Laws on Salary Employees Working Overtime. As the chart below demonstrates, states and municipalities have adopted new laws and ordinances that will take effect in 2019 on a variety of topics, including protected time off, sexual harassment training, and salary history inquiries. The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. 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). Employers ... for refusing to disclose salary history. We update this article every year. Affirmative Action Laws and regulations to ensure equal opportunity in employment for all individuals. Many employers choose to provide such breaks anyhow, and PA labor laws about breaks require that all breaks shorter than 20 minutes be paid. Employees who are exempt from the law are not entitled to overtime or the federal minimum wage, but employers may not make improper pay deductions from their salary. Minimum Wage The federal minimum wage is $7.25 per hour for workers covered by the FLSA. Employment Laws and Rules Link to a variety of federal and state employment-related laws, including those administered by the U. S. Department of Labor (USDOL). ... Employees can file a complaint regarding salary and overtime issues under the Pennsylvania Minimum Wage Act of 1968. Harrisburg, PA – Following a public comment period and extensive stakeholder outreach, the Department of Labor & Industry (L&I) today submitted the final regulation that will modernize Pennsylvania's overtime rules to the state's Independent Regulatory Review Commission and legislative oversight committees.. Back in January, Governor Wolf announced that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase the minimum salary requirement for the white-collar overtime exemptions under this law.. Although very few categories of workers-such as aircraft pilots, for example-have restrictions on the number of hours they may work, most adult employees may generally work as many overtime hours as they wish. Under Pennsylvania labor laws and overtime rules in PA, overtime pay of at least 1 ½ times the employee’s regular wage rate must be paid for all hours worked over 40 in a workweek. Employers must provide at least two hours of training to supervisors and one hour to employees before 2020 and once a year after that. On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. 2020 is quickly approaching and Federal, local and state governments have been busy establishing new labor laws. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. While federal legislative developments may have been slow in 2018, state and local lawmakers picked up the slack. Employers should be aware of a massive change to the Fair Labor Standards Act (“FLSA”). Labor Laws in PA. Knowing about labor laws in Pennsylvania ensures employees are aware of what rights they have in the workplace and what federal and state laws provide protection for them on the job. On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee’s PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. For 2020, there will be 15+ state laws. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. The Federal Fair Labor Standards Act dictates which employees are considered salaried and which are exempt from overtime laws. The Pennsylvania Department Of Labor & Industry provides a number of mandatory and optional labor law posters for all Pennsylvania businesses with employees to prominently post in the workplace. For employees aged 16-years-old and older, there is no federal law restricting working hours or the scheduling of employees. Update September 24, 2019 - The DOL has announced a new minimum salary threshold effective January 1, 2020. The new minimum threshold is $684 per week. The Pennsylvania Department of Labor and Industry Secretary Jerry Oleksiak announced the state's new overtime rules went into effect after the approved regulation was published in the PA … Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law . Pennsylvania overtime laws, as well as federal labor laws, require overtime to be paid at a rate of one and a half times a worker's average hourly wage. Under the federal Fair Labor Standards Act (FLSA), you must be paid for time you spend at the worksite, even if you're not technically working. Employees who are paid a salary are often qualified as exempt employees, or employees who don't qualify for overtime or minimum wage, according to the Fair Labor Standards Act (FLSA). In September, the U.S. Department of Labor issued its final rule on the new minimum salary employees must earn to be exempt from overtime pay under federal law. The PMWA is the state-law equivalent of the federal Fair Labor Standards Act (FLSA). In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. For example, if you provide customer service by phone, you are entitled to be paid for the time you spend sitting at your desk waiting for calls, even if there are lulls in call volume during the day. This document is for informational purposes only, and nothing herein is intended to be, or shall be construed as, legal or medical advice, or as a … An updated post regarding this new threshold is available here: New DOL Ruling Increases the Salary Threshold for Exempt Employees UPDATE: November 22, 2016 - A federal judge has… The new overtime rule takes the salary threshold from $455 per week (as established in 2004) to $684 per week. When you receive a salary instead of an hourly wage, you might not get paid extra for working overtime. State and local activity. On September 24, 2019, the US Department of Labor (DOL) finalized its new overtime rule, which is fairly similar to the proposed rule that came out in March. Therefore, employees are legally allowed to change an employee’s working hours without notice whenever they choose. Much like with meal breaks, Pennsylvania labor laws about breaks do not require employers to provide any rest or coffee breaks for employees—not even for just a few minutes in a long shift. Most unemployed workers will receive their final paycheck within two weeks … These posters are meant to educate employees on a variety of labor law topics topics such as the minimum wage, occupational health & safety, and other important labor laws. Employee Salaries This report provides information on the annual salaries or hourly/daily wages earned by employees. The Fair Labor Standards Act’s four categories of employment. Pennsylvania law requires employers to pay their workers for all hours worked, regardless of whether a company fires a worker for gross incompetence or the worker quits without notice. 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