34 Pa. Code § 231.84 - Professional
Employment in a bona fide professional capacity means work by an individual:
(1) Whose primary
duty is the performance of work requiring either of the following:
(i) Knowledge of an advanced type in a field
of science or learning customarily acquired by a prolonged course of
specialized instruction and study.
(ii) Invention, imagination, originality or
talent in a recognized field of artistic or creative endeavor.
(2) Who is compensated for
services on a salary or fee basis at a rate of not less than:
(i) $684 per week exclusive of board, lodging
or other facilities, effective October 3, 2020.
(ii) $780 per week exclusive of board,
lodging or other facilities, effective October 3, 2021.
(iii) $875 per week exclusive of board,
lodging or other facilities, effective October 3, 2022.
(iv) Effective October 3, 2023 and each 3rd
year thereafter, at a rate equal to the weighted average 10th percentile wages
for Pennsylvania workers who work in exempt executive, administrative or
professional classifications as determined by the Department with advice and
consultation by the Minimum Wage Advisory Board and based on an annual wage
survey of all worker classifications conducted by the Department.
(A) At least 90 days prior to the effective
date of each 3-year period in subparagraph (iv), the Department will submit to
the Minimum Wage Advisory Board, the adjusted weekly salary rate under
subparagraph (iv) and the information supporting the adjusted salary
rate.
(B) Upon review of the
information submitted by the Department and a meeting to be held no later than
60 days before the effective date, the Minimum Wage Advisory Board may provide
advice and consultation to the secretary regarding the weekly salary
rate.
(C) At least 30 days prior to
the effective date of each 3-year period, the Department will publish this
figure on its web site and in the Pennsylvania
Bulletin.
(3) Up to 10% of the salary or fee amount
required under paragraph (2) may be satisfied by the payment of
nondiscretionary bonuses, incentives and commissions that are paid yearly or
more frequently. The employer may use any 52-week period as the year, such as a
calendar year, fiscal year or anniversary of hire year. if the employer does
not identify some other year period in advance, the calendar year will apply.
If by the last pay period of the year the sum of the employee's weekly salary
plus nondiscretionary bonus, incentive and commission payments received does
not equal 52 times the weekly salary amount required by this section, the
employer may make 1 final payment sufficient to achieve the required level no
later than the next pay period after the end of the year. A final payment made
after the end of the year may count only toward the prior year's salary amount
and not toward the salary amount in the year it was paid.
Notes
The provisions of this § 231.84 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. §§ 333.105(a)(5) and 333.109).
This section cited in 34 Pa. Code § 231.81 (relating to definitions).
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