Not all salaried employees are "exempt," though. Whose primary duty consists of the performance of: Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or, Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee, or, Whose work requires the consistent exercise of discretion and judgment in its performance; and, Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical or physical work) and for which the product or the result accomplished cannot be standardized in relation to a given period of time; and, Who does not devote more than 20% of his or her hours worked in the workweek to activities which are not an essential part of the work described in subs. The minimum wage rate in Wisconsin matches the federal minimum wage which is currently $7.25 per hour. Tuesday, October 12 exempted from the Minimum Wage Act as an executive, administrative or professional employee under RCW 49.46.010(3)(c). In factories and mercantile establishments employees must have at least 24 consecutive hours of rest in each calendar week, under Wis. Stat. Minors 14 and 15 years of age. h247P0Pw(q.I,I AAvvny%@%H10Mlh 7X;; If an employee's tips combined with the employer's wages of at least $2.33 per hour do not equal at least $7.25, the employer must make up the difference. a. Exempt to Non-Exempt MoreNon-Exempt to Exempt More. .table thead th {background-color:#f1f1f1;color:#222;} Exempt computer employees may be paid at least $684* on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. The employee's written permission must be obtained after each occurrence of a problem. To claim complete exemption from withholding use Wisconsin Form WT-4, Employee's Wisconsin Withholding Exemption Certificate. Employees have the right to file a wage claim if there is a dispute with the employer about the amount of wages owed, or if the employer fails to pay wages earned on the regularly scheduled payday. Highly compensated employees are those who perform office (non-manual) work and are paid at least $100,000/year, at least $455/week. An employer may choose to pay employees on a salary, commission, piece rate or other basis, but for purposes of calculating overtime pay for an employee, the employee's wages must be converted into an hourly rate of pay. If your employer is not correctly paying your overtime, you can file a complaint online or print, sign and mail the complaint form to our office. They must be paid at one-and-a-half times their normal wage for any hours worked over 40 a week. This can be accomplished by dividing the total hours an employee actually works in a pay period into the total regular wages the employee is paid in that pay period (regular wages would include hourly wages, commission, piece rate pay, bonuses, etc.). h247Q0Pw(q.I,I Avvny%@#H6M The overtime due for this week would be $50. . For example, the minimum gross annual salary an exempt employee must be paid in the State of . This is a special state exemption. The state's minimum wage is scheduled to increase on January 1, 2022 and varies based on employer size. The Fair Labor Standards Act (FLSA) is a federal law through theDepartment of Labor (DOL)that establishes labor standards for public and private sector employers. .cd-main-content p, blockquote {margin-bottom:1em;} The federal Fair Labor Standards Act (FLSA) requires all exempt employees be paid at least $684 per week. Employees are generally required to meet three tests as detailed in the FLSA. "Mercantile" means, "pertaining to merchants or trade," and is viewed with regard to profit or designed for profit; designed for mass appeal, emphasizing skill and subjects useful in business. Section DWD 274.02(2) recommends that employers provide similar breaks to adults but does not require such breaks for adults. ol{list-style-type: decimal;} If you have not been paid for unused vacation and believe you are entitled to this benefit, you can file a complaint online or print, sign and mail the complaint form to our office. For example, if the employment . Wisconsin law allows this method of overtime compensation for salaried, non-exempt employees, but federal law may not. endstream endobj 265 0 obj <>stream If the employer makes deductions from an employees predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a salary basis. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. technicians (must be paid at regular intervals, at least annually). The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Drivers, driver's helpers, loaders or mechanics of a motor carrier or a private or contract carrier who are covered under the provisions of Section 204 of the Motor Carrier Act 1935 as amended. [CDATA[/* >stream Yes, but only if the deduction is made in conjunction with a bona fide sick pay policy that provides payment for absences that occur because of illness or accident. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Employers can require that employees work extra hours as they wish. If the employee is non-exempt, and the employer always pays overtime, this causes no particular problem. See FLSA: Overtime for more information regarding overtime requirements. If you have questions about your specific situation you will need to contact your local HR unit. p. 1004); . If you make $217.50 a week or less, your wages can't be garnished. (TA/$|qEy$_ : 103.85. "Regular rate" includes all remunerations paid to or on behalf of the employee such as commissions, nondiscretionary bonus, premium pay, and piecework incentives. An "on duty" meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the premises of the employer during a meal period. Deductions may not be made for partial days of absence, except in the case of authorized use of leave under the federal Family and Medical Leave Act.