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NYS Department of Labor Publishes Final Rules for Salary Thresholds

The news New York State employers have been waiting for finally came through on December 28th. The NYS Department of Labor published final rules regarding the increased salary thresholds for Executive and Administrative positions to be considered exempt from overtime as well as changes to the minimum wage schedule. The final rules additionally include minimum wage increases specific to employees in various industries, such as janitors and those earning tipped wages.

Exempt Employees

Employees who meet the duties test under the Fair Labor Standards Act (FLSA) for Executive and Administrative exemptions must also meet the more stringent salary level requirements in New York in order to be exempt.  Going forward, New York’s exempt employee salary threshold will be adjusted annually in proportion to increases in the minimum wage. All rate changes take effect on December 31stof each year.

The weekly salary thresholds will increase annually until the salary threshold reaches $1,125 per week ($58,500 annually). The newly-published exempt wage schedule is as follows:

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                   2018    $1,012.50 per week

2017    $900.00 per week                   2019    $1,125.00 per week

Remainder of Downstate (Nassau, Suffolk and Westchester counties):

2016    $750.00 per week                   2019    $975.00 per week

2017    $825.00 per week                   2020    $1,050.00 per week

2018    $900.00 per week                   2021    $1,125.00 per week

Remainder of the State:

2016    $727.50 per week                   2019    $885.00 per week

2017    $780.00 per week                   2020    $937.50 per week

2018    $832.00 per week

Minimum Wage

The new minimum wage posters for Miscellaneous Industries and Hospitality and Fast Food Workers are now available. The posters must be displayed by December 31, 2016. 

HR Works Virtual HR Helpline clients are encouraged to contact the helpline at (585) 381-8340 x1 with any questions they have regarding the new minimum wage or salary level increases. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.