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California: Clarification on Defining Exempt Managerial Duties

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December 18, 2019

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In The Safeway Wage and Hour Cases, the California Court of Appeal revisited how to determine whether a manager’s duties qualify as exempt or nonexempt. Generally, the court identified two types of work that each qualify as exempt from overtime.

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Pennsylvania: New Overtime Rule Increases Exempt Salary Threshold

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Pending

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On January 31, 2020, Pennsylvania’s Independent Regulatory Review Commission approved a final regulation that increases the exempt salary threshold, extending overtime eligibility to more workers. The final regulation includes annual increases in 2021 and 2022, with adjustments following every three years thereafter. The regulation will formally go into effect once approved by the state Attorney General.

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September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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New York: Exempt Salary Threshold Increased

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December 31, 2016

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Effective December 31, 2016, the New York State Department of Labor (“NYSDOL”) has adopted proposed amendments to the New York minimum wage orders that will increase the salary threshold for executive and administrative employees.  Prior to the amendments, the executive/administrative salary exemption threshold was $675 per week ($35,100 annually).

The new exemption thresholds are scaled to employer size, and will gradually increase each year, per the table below: