Pennsylvania Salary - Exempt Employee Review and Evaluation Form

State:
Multi-State
Control #:
US-FR-EA-3
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PDF
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Appraisal of exempt salaried employee for job progress & goals.
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FAQ

The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.

The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.

In October 2020, the Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt EAP employee under the PMWA to: $684 per week ($35,568 annually) effective Oct. 3, 2020.

The learned professional exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best evidence of meeting this requirement is having the appropriate academic degree.

Effective October 3, 2021 Pennsylvania's salary threshold was to increase to $780 per week ($40,560 annually), while the same threshold under the federal Fair Labor Standards Act (FLSA) would have remained at $684 per week ($35,568 annually).

The overtime pay in Pennsylvania is 1½ times the regular rate of pay after 40 hours worked in a workweek. Pennsylvania exempts farm workers, sailors, taxi drivers, vehicle mechanics or salespeople. movie theater employees, maple sugar processors, and some motor carrier employees from overtime pay.

With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).

The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. Covered means an employee is protected by the FLSA.

Base Salary Threshold means, for any Plan Year, the dollar amount established by the Administrator as the minimum Base Salary for an Employee as of December 1 of the immediately prior Plan Year, or in the case of a Employee hired during the Plan Year, as of his or her date of hire, to be eligible to participate in the

Effective January 1, 2020, employers must pay employees a salary of at least $684 per week. The FLSA's minimum salary requirement is set to remain the same in 2022. Salary-basis test.

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Pennsylvania Salary - Exempt Employee Review and Evaluation Form