The New York State Department of Labor published final rules regarding the increased salary thresholds to be considered exempt from overtime as well as changes to the minimum wage schedule.
A few weeks ago, we wrote about how the New York State legislature was considering these changes. On December 28th, they became official. The final rules also include minimum wage increases specific to employees in certain industries.
Employees who meet the duties test under the Fair Labor Standards Act (FLSA) for executive and administrative exemptions must also meet the salary level requirements in New York in order to be exempt. New York's exempt employee salary threshold will adjust annually in proportion to increases in the minimum wage. All rate changes take effect on December 31st of each year.
The weekly salary thresholds will increase every year until they reach $1,125 per week ($58,500 annually).
The new wage schedule will work like this...
New York City Large Employers (11 or more employees)...
- 2016 - $825.00 per week
- 2017 - $975.00 per week
- 2018 - $1,125.00 per week
New York City Small Employers (10 or fewer employees)...
- 2016 - $787.50 per week
- 2017 - $900.00 per week
- 2018 - $1,012.50 per week
- 2019 - $1,125.00 per week
Remainder of Downstate (Nassau, Suffolk and Westchester counties)...
- 2016 - $750.00 per week
- 2017 - $825.00 per week
- 2018 - $900.00 per week
- 2019 - $975.00 per week
- 2020 - $1,050.00 per week
- 2021 - $1,125.00 per week
Remainder of the State...
- 2016 - $727.50 per week
- 2017 - $780.00 per week
- 2018 - $832.00 per week
- 2019 - $885.00 per week
- 2020 - $937.50 per week
So what's next?
The response to the New York State DOL's new rules are similar to that of the FLSA overtime salary threshold increase (before it was delayed). It will prompt many employers in New York State to consider salary increases, a switch to hourly wages and many more.
While we'll soon be providing more insight into this topic, in the meantime if you have any question, please don't hesitate to contact us.