December 2, 2016 — By now most of you have likely heard that the proposed changes to the US Department of Labor’s overtime regulations have been enjoined by a federal district court in Texas. This means that the changes, which, in part, would have increased the salary threshold for the white collar exemptions (administrative, professional and executive) under the federal Fair Labor Standards Act to $913 per week were not implemented on December 1, as previously expected. The current federal salary threshold of $455 per week for the white collar exemptions remains in effect.

However, even though the changes to the federal rules are on hold, New York employers may still need to comply with changes to the state salary threshold for certain exempt employees proposed by the New York Department of Labor. These changes are expected to go into effect December 31, 2016.

The expected new salary thresholds in New York apply to the administrative and executive exemptions, and are as follows:

Employers in New York City

Large employers (11 or more employees)

  • $825.00 per week ($42,900 annually) on and after 12/31/16
  • $975.00 per week ($50,700 annually) on and after 12/31/17
  • $1,125.00 per week ($58,500 annually) on and after 12/31/18

Small employers (10 or fewer employees)

  • $787.50 per week ($40,950 annually) on and after 12/31/16
  • $900.00 per week ($46,800 annually) on and after 12/31/17
  • $1,012.50 per week ($52,650 annually) on and after 12/31/18
  • $1,125.00 per week ($58,500 annually) on and after 12/31/19

Employers in Nassau, Suffolk, and Westchester Counties

  • $750.00 per week ($39,000 annually) on and after 12/31/16
  • $825.00 per week ($42,900 annually) on and after 12/31/17
  • $900.00 per week ($46,800 annually) on and after 12/31/18
  • $975.00 per week ($50,700 annually) on and after 12/31/19
  • $1,050.00 per week ($54,600 annually) on and after 12/31/20
  • $1,125.00 per week ($58,500 annually) on and after 12/31/21

Employers Outside of New York City, Nassau, Suffolk, and Westchester Counties

  • $727.50 per week ($37,830 annually) on and after 12/31/16
  • $780.00 per week ($40,560 annually) on and after 12/31/17
  • $832.00 per week ($43,264 annually) on and after 12/31/18
  • $885.00 per week ($46,020 annually) on and after 12/31/19
  • $937.50 per week ($48,750 annually) on and after 12/31/20

Pro Bono Partnership is monitoring the proposed changes made by the New York Department of Labor as well as the changes to the U.S. Fair Labor Standards Act and we will keep you updated on new information regarding these laws.

In the meantime, please feel free to contact the White Plains office of Pro Bono Partnership with any questions at (914) 328-0674.

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