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New York salary thresholds for administrative and executive exemptions increase December 31

By Pamela Wolf, J.D.

New York will usher in the New Year with changes to the salary threshold at which those who work in an administrative or executive capacity will be considered exempt from state wage and hour provisions. The changes, which were proposedvia notice in the State Register on October 19, were adopted without change in a December 28 State Register filing.

Under the new rules, individuals working in an administrative or executive capacity are exempt from wage and hour provisions when they meet certain criteria and threshold salary requirements. The current threshold, set at $675.00 per week, will increase according to the date, size of employer, and location within the state.

New York City. In New York City, for employers with 11 or more employees, the threshold will increase to $825.00 per week on December 31, 2016; $975.00 per week on December 31, 2017; and $1,125.00 per week on December 31, 2018.

For employers with 10 or fewer employees the salary threshold will increased to $787.50 per week on December 31, 2016; $900.00 per week on December 31, 2017; $1,012.50 per week on December 31, 2018; and $1,125.00 per week on December 31, 2019.

Remainder of downstate. For the remainder of downstate New York, which includes Nassau, Suffolk, and Westchester counties, the salary floor increases to $750.00 per week on December 31, 2016; $825.00 per week on December 31, 2017; $900.00 per week on December 31, 2018; $975.00 per week on December 31, 2019; $1,050.00 per week on December 31, 2020; and $1,125.00 per week on December 31, 2021.

The rest of the state. As to the remainder of the state—outside of New York City, Nassau, Suffolk, and Westchester counties—the salary floor will increase to $727.50 per week on December 31, 2016; $780.00 per week on December 31, 2017; $832.00 per week on December 31, 2018; $885.00 per week on December 31, 2019; and $937.50 per week on December 31, 2020.

The New York Department of Labor has posted a summary of the wage order implementing the changes.