Overtime Regulations in New York State In Effect as of December 31, 2016

Source: Overtime Regulations in New York State In Effect as of December 31, 2016

As we reported in New York Nonprofits' October Issue, federal overtime regulations are currently on hold while the U.S. District Court in Texas moves forward with the case. However, with three days' notice, on December 28, 2016, New York State Department of Labor (NYSDOL) finalized its own overtime rules, increasing salaries for administrative and executive work and the number of workers who will qualify for overtime pay.

The new salaries differ based on size and geographic location of the employer, and the salary thresholds will increase incrementally over the next six years. Effective December 31, 2016, the new salary thresholds will be :

  • New York City: $825 per week ($42,900 annually) for employers with 11 or more employees ("large employers"); this amount will increase annually until it reaches $1,125 per week ($58,500) on December 31, 2018 for large employers and December 31, 2019 for employers with 10 or fewer employees.
  • Nassau, Suffolk, and Westchester counties: $750 per week ($39,000 annually); this amount will increase annually until it reaches $1,125 per week ($58,500) on December 31, 2021.
  • Other parts of New York: $727.50 per week ($37,830 annually); this amount will increase annually until it reaches $937.50 per week ($48,750 annually)  on December 31, 2020.
This raises pay from the former NYSDOL rates of $675 per week ($35,100 per year).  A complete chart of the new rates can be found here . A new set of FAQs from NYSDOL can be found here .
Executive and administrative employees who are currently paid less than the new salary threshold (based on number of employees and location) can either: a) increase those salaries to the new minimum beginning with the paycheck or direct deposit covering December 31, 2016; or b) convert exempt employees earning less than the new salary threshold to non-exempt (and therefore eligible for overtime) beginning with the first day of the workweek in which December 31 falls.
NPCC will have more information about this change in the new year. As well, NPCC - in partnership with Lawyers Alliance of New York - created an Overtime Regulations Flowchart to provide guidance on the federal regulations. We will keep you posted on new developments as they come.



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If you have any questions, please email NPCC Policy Strategist, Tiloma Jayasinghe, at tjayasinghe[@]nonprofitnewyork.org or call 212-502-4191.