<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">
The Complete Payroll Blog

New York introduces its own overtime salary threshold increases

Posted by Complete Payroll | Dec 20, 2016 7:00:00 AM

New York introduces its own overtime salary threshold increases

An increase of the non-exempt salary threshold mandating which employees must be paid overtime may still be on the way for New York employers.

The federal mandate has come and gone (for now)

Currently, employers are required to pay overtime to workers earning less than $23,660 in salary for any hours worked over 40 in a given week. But eariler in 2016, the United States Department of Labor announced changes to the Fair Labor Standards Act (FLSA) that would more than double the non-exempt salary threshold to $47,476. This meant millions more workers would become eligible for mandated overtime pay. The deadline to comply with the changes was December 1st.

However, following a ruling by a federal judge in Texas about two weeks before the deadline, the change on the federal level is now delayed until further notice.

But New York has proposed its own legislation

Recently, the New York State Department of Labor proposed similar regulations that would incrementally increase the salary threshold for the overtime exempt classification under New York State law. 

Depending on the size and location of the employer within New York State, the proposed incremental increases could reach up to $1,125.00 per week over the next few years.

NYSDOL Proposed Overtime Exemption Salary Threshold Increases.png

If the New York State regulations are implemented, employers with multiple locations in New York may have to apply different salary thresholds depending on their employees’ location within the state. Furthermore, for employers doing business in New York City and Nassau, Suffolk, and Westchester Counties, some of the salary thresholds actually surpass what was drafted in the FLSA changes. For example, the salary threshold for employers in New York City with 11 or more employees will be $1,125 per week as of December 31, 2018 (under the FLSA it would have been $913 per week).

The injuction placed on the FLSA changes on the United States Department of Labor has no effect on the New York State Department of Labor and their proposed changes to the overtime salary exemption threshold.

We'll continue to stay on top of these proposed regulations and will inform you as soon as we know more.

Get in touch with us

Topics: Labor law, Employees, Human resources

Written by Complete Payroll

We do payroll, HR, timekeeping and more for employers all over the country from a small, rural town in Upstate New York. And we're constantly publishing articles and other resources to help business owners, HR managers or anyone that helps manage a workforce. Welcome to Payroll Country!

Are you using our free resources?

We're constantly publishing free tools to help with payroll, HR and other administrative objectives.

New call-to-action
New Call-to-action

Subscribe to instant blog email notifications

Recent Posts

General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.