an HR attorney). .table thead th {background-color:#f1f1f1;color:#222;} Tom Wolf vetoed their resolution disapproving the final rule on May 29, 2020, and the first increase (which aligned the PMWA salary threshold with its federal Fair Labor Standards Act (FLSA) counterpart) took effect as scheduled on Oct. 3, 2020. New York scheduled minimum hourly wages for non-exempt employees and minimum salaries for exempt employees to increase on January 1st, 2022. [CDATA[/* >*/. 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. These exemption tests are called FLSA exempt job duties. .h1 {font-family:'Merriweather';font-weight:700;} An agency within the U.S. Department of Labor, 200 Constitution Ave NW if (dropdowns.length > 0) { 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." Here are some permissible reasons to withhold pay: One HR consideration about exempt employees is how to handle paid time off and leaves. It might be too broad to say any whole industries are exempt from FLSA. Notably, the compromise did not just eliminate the increase to the salary thresholdit repealed the entire regulatory framework for defining the EAP exemptions under the PMWA. The employees primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. New York City already has a minimum wage rate of $15.00 an hour and saw no increase in 2022. Send them here we promise well answer them. The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; The employees primary duty must consist of: The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or. 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