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The Complete Payroll Blog

Update: New York passes its own overtime salary threshold increases

Posted by Complete Payroll | Jan 5, 2017 6:24:03 PM

New York overtime salary threshold.png

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.

Exempt employees

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).

Wage schedule

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


NYSDOL Proposed Overtime Exemption Salary Threshold Increases.png


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.

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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!

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