Minimum Wage, Tipped and Exempt Employee Pay in 2019: A Rates-Only Update

by Littler
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Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, we are publishing a rates-only update detailing state- and local-level wage increases that are scheduled to occur throughout 2019 so employers can determine the minimum amount they must pay non-exempt, tipped, and certain exempt employees.

Because pending or future legislation could change minimum wage rates that become applicable on January 1 or later in 2019, we recommend employers stay apprised of developments via our monthly article, WPI Wage Watch: Minimum Wage and Overtime Updates, and consult with counsel to confirm rates have not changed since publication.

Minimum Wage Increases

Tipped Rate Increases

New York Tip Rates

White Collar Employee Pay Increases

White Collar Employees Covered by Minimum Wage

7(i)-Type Commissioned Employees

Minimum Wage Increases1

Jurisdiction Increase Date 2018 MW 2019 MW

Alaska

January 1, 2019

$9.84

$9.89

Arizona

January 1, 2019

$10.50

$11.00

Arizona: Flagstaff

January 1, 2019

$11.00

$12.00

Arkansas

January 1, 20193

$8.50

$9.25

California (26 or More Employees)

January 1, 2019

$11.00

$12.00

California (25 or Fewer Employees)

January 1, 2019

$10.50

$11.00

California: Alameda (26 or More Employees)

July 1, 2019

$12.00 (1/1/19)
(State Rate Applied)

$13.50

California: Alameda (25 or Fewer Employees)

July 1, 2019

$11.00 (1/1/19)
(State Rate Applied)

$13.50

California: Belmont

January 1, 2019

$12.50

$13.50

California: Berkeley

July 1, 2019

$15.00 (10/1/18)

TBD

California: Cupertino

January 1, 2019

$13.50

$15.00

California: El Cerrito

January 1, 2019

$13.60

$15.00

California: Emeryville (56 or More Employees)

July 1, 2019

$15.69

TBD

California: Emeryville (55 or Fewer Employees)

July 1, 2019

$15.00

No Longer Applicable –  56 or More Employee Rate Applies

California: Los Altos

January 1, 2019

$13.50

$15.00

California: Los Angeles (26 or More Employees)

July 1, 2019

$13.25

$14.25

California: Los Angeles (25 or Fewer Employees)

July 1, 2019

$12.00

$13.25

California: Los Angeles (Hotels)

July 1, 2019

$16.10

TBD

California: Los Angeles County (Unincorporated) (26 or More Employees)

July 1, 2019

$13.25

$14.25

California: Los Angeles County (Unincorporated) (25 or Fewer Employees)

July 1, 2019

$12.00

$13.25

California: Malibu (26 or More Employees)

July 1, 2019

$13.25

$14.25

California: Malibu (25 or Fewer Employees)

July 1, 2019

$12.00

$13.25

California: Milpitas

July 1, 2019

$13.50

$15.00

California: Mountain View

January 1, 2019

$15.00

$15.65

California: Oakland (Generally)

January 1, 2019

$13.23

$13.80

California: Oakland (Hotels – Health Benefits Provided)

July 1, 2019

$13.23
$13.80 (1/1/19)

$15.004

California: Oakland (Hotels – No Health Benefits)

July 1, 2019

$13.80 (1/1/19)

$20.00

California: Palo Alto

January 1, 2019

$13.50

$15.00

California: Pasadena (26 or More Employees)

July 1, 2019

$13.25

TBD5

California: Pasadena (25 or Fewer Employees)

July 1, 2019

$12.00

TBD

California: Redwood City (26 or More Employees)

January 1, 2019

$11.00
(State Rate Applied)

$13.50

California: Redwood City (25 or Fewer Employees)

January 1, 2019

$10.50
(State Rate Applied)

$13.50

California: Richmond (Without Benefits)

January 1, 2019

$13.41

$15.00

California: Richmond (With Benefits6)

January 1, 2019

$11.91

$13.50

California: San Diego

January 1, 2019

$11.50

$12.00

California: San Francisco (Generally)

July 1, 2019

$15.00

TBD

California: San Francisco (Government-Supported Employee)

July 1, 2019

$13.27

TBD

California: San Jose7

January 1, 2019

$13.50

$15.00

California: San Leandro

July 1, 2019

$13.00

$14.00

California: San Mateo (Generally)

January 1, 2019

$13.50

$15.00

California: San Mateo (Non-Profit)

January 1, 2019

$12.00

$13.50

California: Santa Clara

January 1, 2019

$13.00

$15.00

California: Santa Monica (26 or More Employees)

July 1, 2019

$13.25

$14.25

California: Santa Monica (25 or Fewer Employees)

July 1, 2019

$12.00

$13.25

California: Santa Monica (Hotels)

July 1, 2019

$16.10

TBD

California: Sunnyvale

January 1, 2019

$15.00

$15.65

Colorado

January 1, 2019

$10.20

$11.10

Delaware

January 1 &
October 1, 2019

$8.25

$8.75
$9.25

District of Columbia

July 1, 2019

$13.25

$14.00

Florida

January 1, 2019

$8.25

$8.46

Illinois: Chicago

July 1, 2019

$12.00

$13.00

Illinois: Cook County

July 1, 2019

$11.00

$12.00

Maine

January 1, 2019

$10.00

$11.00

Maine: Portland

July 1, 2019

$10.90

TBD

Maryland: Montgomery County (51 or more employees)

July 1, 2019

$12.25

$13.00

Maryland: Montgomery County (11-50 employees / 11 or more employees & either a 501(c)(3) or certain home health or community based services providers / 10 or fewer employees)

July 1, 2019

$12.00

$12.50

Massachusetts

January 1, 2019

$11.00

$12.00

Michigan

April 1, 2019 (est.)

$9.25

$10.00

Minnesota ($500,000 annual gross sales)

January 1, 2019

$9.65

$9.86

Minnesota (Less than $500,000 annual gross sales / Certain hotels, etc.)

January 1, 2019

$7.87

$8.04

Minnesota: Minneapolis, (101 or More Employees)

July 1, 2019

$11.25

$12.25

Minnesota: Minneapolis (100 or Fewer Employees)

July 1, 2019

$10.25

$11.00

Missouri

January 1, 2019

$7.85

$8.608

Montana

January 1, 2019

$8.30

$8.50

Nevada (No Health Benefits)

July 1, 2019

$8.25

TBD

Nevada (Health Benefits Offered)

July 1, 2019

$7.25

TBD

New Jersey

January 1, 2019

$8.60

$8.85

New Mexico: Albuquerque (Without Benefits)

January 1, 2019

$8.95

$9.20

New Mexico: Albuquerque (With Benefits)

January 1, 2019

$7.95

$8.20

New Mexico: Bernalillo County (Unincorporated) (Without Benefits)

January 1, 2019

$8.85

$9.05

New Mexico: Bernalillo County (Unincorporated) (With Benefits)

January 1, 2019

$7.85

$8.05

New Mexico: Las Cruces

January 1, 2019

$9.20

$10.10

New Mexico: Santa Fe9

March 1, 2019

$11.40

TBD

New Mexico: Santa Fe County (Unincorporated)

March 1, 2019

$11.40

TBD

New York: New York City (11 or More Employees)

December 31, 2018 & 2019

$13.00

$15.00

New York: New York City (10 or Fewer Employees)

December 31, 2018 & 2019

$12.00

$13.50
$15.00

New York: Nassau, Suffolk & Westchester Counties

December 31, 2018 & 2019

$11.00

$12.00
$13.00

New York: Remainder of State

December 31, 2018 & 2019

$10.40

$11.10
$11.80

New York: Fast Food Worker (New York City)

December 31, 2018 & 2019

$13.50

$15.00

New York: Fast Food Worker (Elsewhere)

December 31, 2018 & 2019

$11.75

$12.75
$13.75

Ohio

January 1, 2019

$8.30

$8.55

Oregon (Urban)

July 1, 2019

$12.00

$12.50

Oregon (General)

July 1, 2019

$10.75

$11.25

Oregon (Nonurban)

July 1, 2019

$10.50

$11.00

Rhode Island

January 1, 2019

$10.10

$10.50

South Dakota

January 1, 2019

$8.85

$9.10

Vermont

January 1, 2019

$10.50

10.78

Washington

January 1, 2019

$11.50

$12.00

Washington: SeaTac (Hospitality & Transportation)

January 1, 2019

$15.64

$16.09

Washington: Seattle (Schedule 1 Hourly Minimum Wage)

January 1, 2019

$15.45

$16.00

Washington: Seattle (Schedule 1 Hourly Minimum Wage With Benefits)

January 1, 2019

$15.00

No Longer Applicable – Schedule 1 Rate Applies

Washington: Seattle (Schedule 2 Hourly Minimum Wage)

January 1, 2019

$11.50

$12.00

Washington: Seattle (Schedule 2 Hourly Minimum Compensation)

January 1, 2019

$14.00

$15.00

Washington: Tacoma

January 1, 2019

$12.00

$12.35

Tipped Rate Increases

In certain places, employers may be able to count tips an employee receives toward the minimum wage. In these jurisdictions, if the direct wage an employer pays an employee plus tips equals the minimum wage, an employer’s minimum wage obligation has been met. But, if the direct wage plus tips does not equal the minimum wage, an employer must pay the employee the difference. Directly below we highlight to the minimum cash wage (MCW) that may be paid, and the maximum tip credit (TC) that can be claimed, for covered tipped employees. Please note that, for increases occurring on dates other than January 1, the 2018 rate will be the minimum wage that was in effect before the 2019 rate increase takes effect, and that in the following states with 2019 rate increases, tip credits are prohibited (so they are not included below): Alaska; California; Minnesota; Montana; Nevada; Oregon; and Washington State.10 Finally, because New York has varying standards, the numbers are included in a stand-alone section after the below chart.

Jurisdiction Increase Date 2018 MCW 2019 MCW 2018 TC 2019 TC

Arizona

January 1, 2019

$7.50

$8.00

$3.00

No Change

Arizona: Flagstaff

January 1, 2019

$8.00

$9.00

$3.00

No Change

Arkansas

January 1, 201911

$2.63

No Change

$5.87

$6.62

Colorado

January 1, 2019

$7.18

$8.08

$3.02

No Change

Delaware

January 1 &
October 1, 2019

$2.23

No Change

$6.02

$6.52
$7.02

District of Columbia

July 1, 2019

$3.89

$4.4512

$9.36

$9.55

Florida

January 1, 2019

$5.23

$5.44

$3.02

No Change

Illinois: Chicago

July 1, 2019

$6.25

TBD13

$5.75

TBD

Illinois: Cook County

July 1, 2019

$5.10

TBD14

$5.90

TBD

Maine

January 1, 2019

$5.00

$5.50

$5.00

$5.50

Maine: Portland

July 1, 2019

$5.00

TBD

$5.90

TBD

Maryland: Montgomery County (51 or more employees)

July 1, 2019

$4.00

No Change

$8.25

$9.00

Maryland: Montgomery County (11-50 Employees / 11 or More Employees & Either a 501(c)(3) or Certain Home Health or Community Based Services Providers / 10 or Fewer Employees)

July 1, 2019

$4.00

No Change

$8.00

$8.50

Massachusetts

January 1, 2019

$3.75

$4.35

$7.25

$7.65

Michigan

April 1, 2019 (Est.)

$3.52

$4.80

$5.73

$5.20

Missouri

January 1, 2019

$3.925

$4.3015

$3.925

$4.30

New Jersey

January 1, 2019

$2.13 (Suggested)

No change

$6.47

$6.72

New Mexico: Albuquerque (Without Benefits)

January 1, 2019

$5.35

$5.50

$3.60

$3.70

New Mexico: Albuquerque (With Benefits)

January 1, 2019

$5.35

$5.50

$2.60

$2.70

New Mexico: Bernalillo County (Unincorporated) (Without Benefits)

January 1, 2019

$2.13

No Change

$6.72

$6.92

New Mexico: Bernalillo County (Unincorporated) (With Benefits)

January 1, 2019

$2.13

No Change

$5.72

$5.92

New Mexico: Las Cruces

January 1, 2019

$3.68

$4.04

$5.52

$6.06

New Mexico: Santa Fe16

March 1, 2019

$2.13

TBD

$9.27

TBD

New Mexico: Santa Fe County (Unincorporated)

March 1, 2019

$3.41

TBD

$7.99

TBD

Ohio

January 1, 2019

$4.15

$4.30

$4.15

$4.25

Rhode Island

January 1, 2019

$3.89

No Change

$6.21

$6.61

South Dakota

January 1, 2019

$4.425

$4.55

$4.425

$4.55

Vermont

January 1, 2019

$5.25

5.39

$5.25

$5.39

New York Tip Rates

Tipped employee standards can be more complicated in New York, so we have given the Empire State its own section. First we discuss generally-applicable tip standards, followed by standards that apply in the hospitality industry, which vary depending on an employee’s role and the place of employment.

Generally: If an employee’s weekly tip average is less than the Low amount, a tip credit cannot be claimed. If an employee’s weekly tip average is between the Low (L) and High (H) amounts, the tip credit cannot exceed the Low amount. If an employee’s weekly tip average equals or exceeds the High amount, the tip credit cannot exceed the High amount.

Jurisdiction Increase Date 2018 MCW 2019 MCW 2018 TC 2019 TC

New York City (11 or More Employees)

December 31, 2018

$11.05 (L)

$9.80 (H)

$12.75 (L) $11.35 (H)

$1.95 (L)

$3.20 (H)

$2.25 (L)

$3.65 (H)

New York City (10 or Fewer Employees)

December 31, 2018 & 2019

$10.20 (L)

$9.05 (H)

$11.45 (L) $10.20 (H)

$1.80 (L)

$2.95 (H)

$2.05 (L)

$3.30 (H)

$12.75 (L) $11.35 (H)

$2.25 (L)

$3.65 (H)

Nassau, Suffolk & Westchester Counties

December 31, 2018 & 2019

$9.35 (L)

$8.25 (H)

$10.20 (L)

$9.05 (H)

$1.65 (L)

$2.70 (H)

$1.80 (L)

$2.95 (H)

$11.05 (L)

$9.80 (H)

$1.95 (L)

$3.20 (H)

Remainder of State

December 31, 2018 & 2019

$8.85 (L)

$7.85 (H)

$9.45 (L)

$8.40 (H)

$1.55 (L)

$2.55 (H)

$1.65 (L)

$2.70 (H)

$10.05 (L)

$8.90 (H)

$1.75 (L)

$2.90 (H)

Hospitality Industry

Service Employee: An employer must directly pay a service employee at least the hourly Cash Wage (CW), and cannot claim a tip credit that exceeds the hourly Tip Credit rate (TC). However, an employer’s ability to claim the tip credit is dependent on an employee’s weekly tip average equaling at least the hourly Tip Threshold (TT) (or TT(R) for resort hotel service employees) and an employee’s direct wage plus tips equaling or exceeding the minimum wage.

Jurisdiction Increase Date 2018 MCW 2019 MCW 2018 TC 2019 TC

New York City (11 or More Employees)

December 31, 2018

$10.85

$12.50

$2.15

$2.50

New York City (10 or Fewer Employees)

December 31, 2018 & 2019

$10.00

$11.25
$12.50

$2.00

$2.25
$2.50

Nassau, Suffolk & Westchester Counties

December 31, 2018 & 2019

$9.15

$10.00
$10.85

$1.85

$2.00
$2.15

Remainder of State

December 31, 2018 & 2019

$8.65

$9.25
$9.85

$1.75

$1.85
$1.95

Jurisdiction Increase Date 2018 TT 2019 TT 2018 TT(R) 2019 TT(R)

New York City (11 or More Employees)

December 31, 2018

$2.80

$3.25

$7.30

$8.40

New York City (10 or Fewer Employees)

December 31, 2018 & 2019

$2.60

$2.95
$3.25

$6.75

$7.60
$8.40

Nassau, Suffolk & Westchester Counties

December 31, 2018 & 2019

$2.40

$2.60
$2.80

$6.15

$6.75
$7.30

Remainder of State

December 31, 2018 & 2019

$2.25

$2.40
$2.55

$5.85

$6.25
$6.60

Food Service Worker: A food service worker must receive a wage of at least the hourly Cash Wage (CW), and a tip credit cannot exceed the below-specified hourly rate (TC) provided the total of tips received plus the wages equals or exceeds the hourly total minimum wage rate (MW). A tip credit is not permitted for fast food employees.

Jurisdiction Increase Date 2018 MCW 2019 MCW 2018 TC 2019 TC

New York City (11 or More Employees)

December 31, 2018

$8.65

$10.00

$4.35

$5.00

New York City (10 or Fewer Employees)

December 31, 2018 & 2019

$8.00

$9.00
$10.00

$4.00

$4.50
$5.00

Nassau, Suffolk & Westchester Counties

December 31, 2018 & 2019

$7.50

$8.00
$8.65

$3.50

$4.00
$4.35

Remainder of State

December 31, 2018 & 2019

$7.50

No Change
$7.85

$2.90

$3.60
$3.95

Exempt Employees

As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professional employees for these workers to be exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements, state-law rates for these employees are scheduled to increase in 2019 (and on New Year’s Eve in New York). Also, under some state laws, these employees are exempt only from overtime requirements, meaning they must be paid at least the state minimum wage for all hours worked, and many of those state minimum wage rates are increasing in 2019. Additionally, in 2019 there will be state law increases in the minimum hourly pay required to qualify for state-law equivalent of the FLSA’s 7(i) retail or service establishment overtime exemption for employees paid commissions. Below we discuss these pay-related changes in 2019.

Executive, Administrative, or Professional Exemption Minimum Pay Increases

Under the FLSA, to be considered a bona fide executive, administrative, or professional employee, an individual must be compensated on a salary or fee basis (only for administrative and professional employees) at a rate of not less than $455 per week, excluding board, lodging, or other facilities. The $455 a week amount may be translated into equivalent amounts for periods longer than one week: $910 (Bi-weekly); $985.83 (Semi-monthly); $1,971.66 (Monthly); $23,660 (Annual). In various states, the minimum salary or fee amount exceeds the federal rate, and in 2019 pay requirements for these employees will change.

Jurisdiction 2018 Annual Salary 2019 Annual Salary 2018 Monthly Salary 2019 Monthly Salary 2018 Weekly Salary 2019 Weekly Salary

Alaska17

$40,934.40

$41,142.40

$3,411.20

$3,428.53

$787.20

$791.20

California18 (26 or More Employees)

$45,760

$49,920

$3,813.34

$4,160

$880

$960

California (25 or Fewer Employees)

$43,680

$45,760

$3,640

$3,813.34

$840

$880

Colorado19 (Executive or Supervisor) (Based on 40, 50, or 60 Hours Per Week)

Exceed
$21,216
$26,520
$31,824

Exceed
$23,088
$28,860
$34,632

Exceed
$1,768
$2,210
$2,652

Exceed
$1,924
$2,405
$2,886

Exceed
$408
$510
$612

Exceed
$444
$555
$666

Maine20

Exceed $30,000

Exceed $33,000

Exceed $2,500

Exceed $2,750

Exceed $576.92

Exceed $634.61

New York21 City (11 or More Employees) (Executive or Administrative)

$50,700

$58,500

$4,225

$4,875

$975

$1,125

New York City (10 or Fewer Employees) (Executive or Administrative)

$46,800

$52,650
$58,500 (12/31/19)

$3,900

$4,387.50
$4,875 (12/31/19)

$900

$1,012.50
$1,125 (12/31/19)

Nassau, Suffolk & Westchester Counties (Executive or Administrative)

$42,900

$46,800
$50,700 (12/31/19)

$3,575

$3,900
$4,225 (12/31/19)

$825

$900
$975 (12/31/19)

Remainder of New York State (Executive or Administrative)

$40,560

$43,264
$46,020 (12/31/19)

$3,380

$3,605.34
$3,835 (12/31/19)

$780

$832
$885 (12/31/19)

Oregon22 (General)

$21,320 (1/1/18)
$22,360 (7/1/18)

$22,360 (1/1/19)
$23,400 (7/1/19)

$1,776.67 (1/1/18)
$1,863.33 (7/1/18)

$1,863.33 (1/1/19)
$1,950 (7/1/19)

$410 (1/1/18)
$430 (7/1/18)

$430 (1/1/19)
$450 (7/1/19)

Oregon (Urban)

$23,400 (1/1/18)
$24,960 (7/1/18)

$24,960 (1/1/19)
$26,000 (7/1/19)

$1,950 (1/1/18)
$2,080 (7/1/18)

$2,080 (1/1/19)
$2,166.67 (7/1/19)

$450 (1/1/18)
$480 (7/1/18)

$480 (1/1/19)
$500 (7/1/19)

Oregon (Nonurban)

$20,800 (1/1/18)
$21,840 (7/1/18)

$21,840 (1/1/19)
$22,880 (7/1/19)

$1,733.34 (1/1/18)
$1,820 (7/1/18)

$1,820 (1/1/19)
$1,906.67 (7/1/19)

$400 (1/1/18)
$420 (7/1/18)

$420 (1/1/19)
$440 (7/1/19)

Although the minimum pay requirements are not currently scheduled to increase in 2019 in Connecticut or Iowa, under both states’ “short test”23 an employee must be compensated on a salary or fee basis – excluding boarding, lodging, or other facilities – in excess of the federal rate: $475 per week in Connecticut, and $500 per week in Iowa.

Additionally, California law provides that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate, which is determined annually based on cost-of-living changes. Effective January 1, 2019, the computer software employee minimum hourly rate will increase from $43.58 to $45.41 per hour, the minimum monthly salary amount will increase from $7,565.85 to $7,883.62, and the minimum annual salary amount will increase from $90,790.07 to $94,603.25. For licensed physicians and surgeons, the minimum hourly rate of pay will increase from $79.39 to $82.72.

White Collar Employees Covered by Minimum Wage

In various states, executive, administrative, or professional employees are exempt from state overtime requirements, but not exempt from state minimum wage requirements. In these jurisdictions, such employees must earn at least the applicable minimum wage for each hour worked. The minimum wage in some of these states will increase on January 1, 2019:24 Arizona ($11.00); Massachusetts ($12.00); New Jersey ($8.85); Rhode Island ($10.50); and South Dakota ($9.10).25

Commissioned Employee Overtime Exemption

To qualify under the FLSA’s 7(i) overtime exception, the regular rate of pay of an employee of a retail or service establishment must exceed one-and-a-half times the federal minimum wage, and more than half the employee’s compensation for a representative period (not less than one month) must represent commissions on goods or services. In the following states with 2019 rate changes, the 7(i)-type exemption requires – in part – an employee’s pay to either equal or exceed one-and-a-half times the state minimum wage.26

California: An employee’s earnings must exceed one-and-a-half times the state minimum wage, which on January 1, 2019, will increase to $12.00 per hour for employers with 26 or more employees and to $11.00 per hour for employees with 25 or fewer employees.

Colorado: An employee’s regular rate of pay must be at least one-and-a-half times the state minimum wage, which on January 1, 2019, will increase to $11.10 per hour.

District of Columbia: An employee’s regular rate of pay must exceed one-and-a-half times the district minimum wage, which on July 1, 2019, will increase to $14.00 per hour.

Minnesota: An employee’s regular rate of pay must exceed one-and-a-half times the state minimum wage, which on January 1, 2019, will increase to $9.86 per hour for employers with $500,000 in annual gross sales, and to $8.04 per hour for employers with less than $500,000 in annual gross sales and certain hotels.

Nevada: An employee’s regular rate must exceed one-and-a-half times the state minimum wage, which potentially could increase on July 1, 2019, from $8.25 per hour if an employer does not offer health benefits or $7.25 per hour if health benefits are offered.

New York: The general wage order27 provides – in part – that employers must pay an employee for overtime at a wage rate of one-and-one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of section 7 of the FLSA. However, it is unclear whether payment is based on the federal or state minimum wage. If the state minimum wage, the wage rate will increase on December 31, 2018 (“2018”), and on December 31, 2019 (“2019”). In New York City, the minimum wage applicable to employers with 11 or more employees will increase to $15.00 (2018 & 2019); the rate for employers with 10 or fewer employees will increase to $13.50 (2018) and $15.00 (2019). The minimum wage in Nassau, Suffolk, and Westchester Counties will increase to $12.00 (2018) and $13.00 (2019). Finally, in the remainder of New York State, the minimum wage will increase to $11.10 (2018) and $11.80 (2019).

Oregon: An employee’s regular rate of pay must exceed one-and-a-half times the state minimum wage, which on July 1, 2019, will increase to $12.50 per hour (urban), $11.25 per hour (general), and $11.00 per hour (non-urban).

Washington: An employee’s regular rate of pay must exceed one-and-a-half times the state minimum wage, which on January 1, 2019, will increase to $12.00 per hour.

Footnotes

1 Although we include examples of industry-specific minimum wage rates, this article’s purpose is to discuss rate changes that affect employers generally, so it may not necessarily cover all industry-specific rate changes; nor does this article discuss industry laws’ coverage requirements.

2 Chronologically, the increases will occur as follows: December 31, 2018: New York. January 1, 2019: Alaska; Arizona (incl. Flagstaff); Arkansas (but see Footnote 2); California (incl. Belmont, Cupertino, El Cerrito, Los Altos, Mountain View, Oakland, Palo Alto, Redwood City, Richmond, San Diego, San Jose, San Mateo, Santa Clara, Sunnyvale); Colorado; Delaware; Florida; Maine; Massachusetts; Minnesota; Missouri; Montana; New Jersey; Albuquerque, Bernalillo County (Unincorporated) and Las Cruces, NM; Ohio; Rhode Island; South Dakota; Vermont; Washington (incl. SeaTac, Seattle, Tacoma). March 1, 2019: Santa Fe and Santa Fe County (Unincorporated), NM. ~April 1, 2019: Michigan. July 1, 2019: Alameda, Berkeley, Emeryville, Los Angeles (Generally & Hotels), Los Angeles County (Unincorporated), Malibu, Milpitas, Oakland (Hotels), Pasadena, San Francisco, San Leandro, and Santa Monica, CA; District of Columbia; Chicago and Cook County, IL; Portland, ME; Montgomery County, MD; Minneapolis, MN; Oregon; Nevada. October 1, 2019: Delaware. December 31, 2019: New York.

3 This is based on the unofficial results for a November 6, 2018 ballot measure. Though the first increase is scheduled to occur on January 1, 2019, the official date will not be known until the election results are certified, so it is technically possible the first increase could occur slightly after January 1.

4 This is based on the unofficial results for a November 6, 2018 ballot measure.

5 On or before February 18, 2019, the City Manager must present a report to the City Council about the law’s impact. As soon thereafter as practical, the City Manager must request direction from the Council to amend the law to increase the minimum wage as follows: $14.25 (July 1, 2019); $15.00 (July 1, 2020); Beginning July 1, 2022, and each July 1 after, the minimum wage must be adjusted according to a change in the consumer price index. Pasadena, CA Code § 5.02.065.

6 If an employer pays at least $1.50 per hour per employee towards an employee medical benefits plan, which allows the employee to receive employer-compensated care from a licensed physician, the employer can pay employees $1.50 per hour less than the minimum wage. Richmond, CA Code § 7.108.040.

7 San Jose also permits certain employers to pay a “Youth Training Program” minimum wage, which requires an employer to submit an exemption application. If approved, the city would determine the applicable rate.

8 This is based on the unofficial results for a November 6, 2018 ballot measure. At the time of publication, the results are not expected to be official until November 30, 2018. Missouri Secretary of State, Unofficial Election Results Expected to Be Certified Nov. 30 (last visited Nov. 13, 2018).

9 Although the ordinance uses “Beginning January 1, 2009, and each year therafter [sic]. . . .” the City of Santa Fe has routinely adjusted its rate on March 1. See Santa Fe, NM Code § 28-1.5(B).

10 2018 amendments to Michigan’s minimum wage gradually decrease the tip credit, and eliminate it in 2024. However, legislative efforts are underway to reinstate the tip credit, so Michigan’s inclusion on the list of states banning tip credits might be short-lived. Likewise, in 2018 D.C. voters approved gradually reducing, then eliminating, the tip credit, but, as noted earlier, the Council of the District of Columbia has taken steps to roll back these changes. However, as noted in October’s Wage Watch article, there is a possibility a voter referendum could be held on the Council’s action, which, if successful, would undo the Council’s undoing of Initiative 77.

11 This is based on the unofficial results for a November 6, 2018 ballot measure. Though the first increase is scheduled to occur on January 1, 2019, the official date will not be known until the election results are certified, so it is technically possible the first increase could occur slightly after January 1.

12 This is based on the “Tipped Wage Workers Fairness Amendment Act of 2018” becoming officially enacted. The bill was approved by the Council of the District of Columbia, signed by the mayor, and published in the D.C. Register, but at the time of publication had not completed the required review by the U.S. Congress (30 legislative session days). A separate emergency bill holding back the first voter-approved tipped employee minimum cash wage increase / tip credit decrease will expire on January 3, 2019. However, it is anticipated that the D.C. Council will pass a new emergency measure that would maintain the status quo until the Tipped Wage Workers Fairness Amendment Act of 2018 could become officially enacted and repeal Initiative 77, which was approved by voters at the June 19, 2018 election.

13 Beginning on July 1, 2017, and on every July 1 thereafter, qualified tipped employees must be paid the greater of: (A) the FLSA minimum cash wage; (B) the state minimum cash wage; or (C) the city's minimum cash wage from the previous year, increased in proportion to the increase, if any, in the CPI. Chicago, IL Code § 1-24-020.

14 Beginning on July 1, 2018, and on each July 1 after, qualified tipped employees must be paid the greater of: (A) the FLSA minimum cash wage; (B) the state minimum cash wage; or (C) the city's minimum cash wage from the previous year, increased in proportion to the increase, if any, in the CPI. Cook County, IL Code § 42-10.

15 This is based on the unofficial results for a November 6, 2018 ballot measure. At the time of publication, the results are not expected to be official until November 30, 2018. Missouri Secretary of State, Unofficial Election Results Expected to Be Certified Nov. 30 (last visited Nov. 13, 2018).

16 Although the ordinance uses “Beginning January 1, 2009, and each year therafter [sic]. . . .” the City of Santa Fe has routinely adjusted its rate on March 1. See Santa Fe, NM Code § 28-1.5(B).

17 An employee must be paid on a salary or fee basis at a rate of not less than 2 times the state minimum wage for the first 40 hours of employment each week, excluding employer-furnished board or lodging.

18 An earn must a monthly salary equivalent to no less than 2 times the state minimum wage for fulltime employment (employment in which an employee is employed for 40 hours per week).

19 An executive or supervisor employee must earn in excess of the equivalent of the minimum wage for all hours worked in a workweek.

20 An employee’s regular compensation, when converted to an annual rate, must exceed 3,000 times the state minimum wage or the annualized FLSA rate set by the U.S. Labor Department, whichever is higher.

21 An executive or administrative employee must be paid for services a salary, including board, lodging, or other allowances and facilities.

22 An employee must earn a salary and be paid on a salary basis, excluding board, lodging, or other facilities. A salary is no less than the state minimum wage multiplied by 2,080 hours per year then divided by 12 months. It is a predetermined amount constituting all or part of the employee's compensation paid for each pay period of 1 week or longer (but not to exceed 1 month).

23 Most tests for determining whether an employee is exempt contain a duties component and a pay component. Some states may use a two-test setup – a “long” and “short” test – similar to older versions of the FLSA’s white collar employee regulations. Satisfying either test will result in the employee being exempt from minimum wage and/or overtime standards, depending on the jurisdiction. The “short” test includes a less demanding duties component, but a more demanding pay component, whereas the “long” test has a more demanding duties component and a less demanding pay component.

24 Also, in Arizona and Illinois, there are local minimum wage rates that exceed the state rate. The rates are noted in the Minimum Wage Increases & Tipped Rate Increases section of this article.

25 Nevada’s minimum wage rate – $8.25 or $7.25 depending on whether health benefits are offered – may increase in July 2019, but an announcement will not occur until later in 2019. Additional states in which such employees are entitled to be paid the minimum wage include: Georgia; Illinois (where local rates are increasing in Chicago and Cook County); Massachusetts; North Dakota; Utah; and Wisconsin. In New Hampshire, such employees must be paid the federal minimum wage. In Virginia, although there is not a relevant exemption from the state minimum wage, the term “employee” does not include any person whose employment is covered by the FLSA.

26 Similar requirements exist in Indiana, Pennsylvania, North Dakota, and Wisconsin, but the minimum wage in each state is the same as the FLSA rate: $7.25 per hour. Connecticut has a state minimum wage that exceeds the FLSA rate – $10.10 per hour – and, in its 7(i)-type exception, pay – in part – is pegged to the state minimum wage (regular rate of pay exceeds two times that rate), but it does not currently have a 2019 minimum wage increase scheduled.

27 The commissioned employee exemption is not incorporated or available in the building services and hospitality industry wage orders.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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We use cookies and other tracking technologies to:

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If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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