Exempt Salary Threshold By State

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Exempt Salary Threshold By State

Navigating the labyrinth of employment laws can be daunting, especially when it comes to understanding the exempt salary threshold by state. This crucial aspect of labor law determines who qualifies for overtime pay and who doesn’t, impacting both employers and employees significantly. Let’s dive into the intricacies of this topic, shedding light on what you need to know.

### What is the Exempt Salary Threshold?



The exempt salary threshold is the minimum salary an employee must earn to be classified as exempt from overtime pay under the Fair Labor Standards Act (FLSA). Exempt employees typically include those in executive, administrative, and professional roles. The U.S. Department of Labor (DOL) sets a federal baseline, but states have the authority to establish their own thresholds, which can be higher than the federal standard.

### Federal Standards and State Variations

As of 2023, the federal exempt salary threshold is set at $684 per week, equivalent to $35,568 annually. However, several states have opted to set their own, often higher, thresholds to better reflect local economic conditions and living costs.

#### California: Leading the Charge



California, known for its stringent labor laws, has one of the highest exempt salary thresholds in the nation. As of 2023, the threshold for employers with 26 or more employees is $1,240 per week ($64,480 annually). For employers with 25 or fewer employees, it’s slightly lower at $1,120 per week ($58,240 annually). The California Department of Industrial Relations ensures these standards are met, reflecting the state’s commitment to protecting workers’ rights.

#### New York: A Close Contender

New York also sets high standards, with thresholds varying by region. In New York City, Nassau, Suffolk, and Westchester counties, the threshold is $1,125 per week ($58,500 annually). For the rest of the state, it’s $990 per week ($51,480 annually). The New York State Department of Labor oversees these regulations, ensuring compliance across the board.



### Other Notable States

#### Washington

Washington State has been proactive in adjusting its exempt salary threshold. As of 2023, the threshold is $1,259.20 per week ($65,478.40 annually) for employers with 51 or more employees. For smaller employers, the threshold is $1,101.80 per week ($57,293.60 annually). The Washington State Department of Labor & Industries is the governing body ensuring these standards are upheld.

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#### Colorado

Colorado’s approach is also noteworthy. The state has set its exempt salary threshold at $961.54 per week ($50,000 annually) for 2023, with plans to increase it incrementally. The Colorado Department of Labor and Employment is responsible for monitoring and enforcing these thresholds.

### The Impact on Employers and Employees

Understanding and adhering to these thresholds is crucial for employers to avoid costly penalties and legal disputes. For employees, being classified correctly can mean the difference between receiving overtime pay or not. Misclassification can lead to significant financial losses and legal battles.

#### Compliance Challenges

Employers, especially those operating in multiple states, face the challenge of keeping up with varying thresholds. It’s essential to stay informed and possibly consult with legal experts to ensure compliance. Failure to do so can result in hefty fines and damage to the company’s reputation.

#### Employee Awareness

Employees should also be aware of their rights regarding exempt status and salary thresholds. Knowledge is power, and understanding these regulations can help employees advocate for fair treatment and compensation.

### The Role of Government Agencies

Government agencies play a pivotal role in enforcing these thresholds. The U.S. Department of Labor, along with state-specific departments like the California Department of Industrial Relations and the New York State Department of Labor, are instrumental in ensuring compliance. They provide resources, conduct audits, and investigate complaints to uphold labor laws.

### Looking Ahead

The landscape of exempt salary thresholds is ever-evolving. States periodically review and adjust their thresholds to reflect economic changes and inflation. For instance, California and Washington have plans to increase their thresholds in the coming years, ensuring they remain relevant and fair.

### Conclusion

Navigating the exempt salary threshold by state can be complex, but it’s essential for both employers and employees to understand these regulations. Staying informed and compliant not only protects businesses from legal repercussions but also ensures employees are fairly compensated for their work. As states continue to adjust their thresholds, keeping abreast of these changes will remain a critical task for all parties involved.

Dave Pennells

By Dave Pennells

Dave Pennells, MS, has contributed his expertise as a career consultant and training specialist across various fields for over 15 years. At City University of Seattle, he offers personal career counseling and conducts workshops focused on practical job search techniques, resume creation, and interview skills. With a Master of Science in Counseling, Pennells specializes in career consulting, conducting career assessments, guiding career transitions, and providing outplacement services. Her professional experience spans multiple sectors, including banking, retail, airlines, non-profit organizations, and the aerospace industry. Additionally, since 2001, he has been actively involved with the Career Development Association of Australia.