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NYDOL's amendments to increase salary threshold
On December 28, 2016, The New York Department of Labor adopted its previously proposed amendments to modify the state's minimum wage orders to annually increase the salary threshold for executive and administrative employees. The new thresholds went into effect on December 31, 2016. The new amendments contain different salary requirements based on an employer's size and geographic location within New York State. Employers whose employees work in different locations within New York State will have to apply different salary thresholds depending on their employees’ location within the state. The new amendments have increased the salary thresholds as follows:
| Minimum Pay Requirements for Exempt* Employees in New York State | ||||||
| Effective Date | New York City | Nassau, Suffolk, and Westchester counties | Remainder of New York State | |||
| weekly |
annual |
weekly |
annual |
weekly |
annual |
|
| December 31, 2020 | $1,125 | $58,500 | $1,050 | $54,600 | $937.50 | $48,750 |
| December 31, 2021 | $1,125 | $58,500 | $1,125 | $58,500 | $990 | $51,480 |
| December 31, 2022 | $1,125 | $58,500 | $1,125 | $58,500 | $1,064.25 | $55,341 |
*Rates in this table apply to employees exempt from minimum wage and overtime under the New York state administrative and executive exemptions. Read further at the NY DOL links below.
New York employers will need to identify employees affected by the changes and decide whether to increase their salaries so as to maintain their exempt status or, alternatively, reclassify them as non-exempt.
Resources
New York Department of Labor (DOL): Overtime and Exemptions FAQ
New York DOL: Administrative Employee Overtime Exemption FAQ
New York DOL: Executive Employee Overtime Exemption FAQ
New York DOL: Professional Employee Overtime Exemption FAQ
New York DOL: Minimum Wage FAQ
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.