On December 28, 2016, the New York State Department of Labor published its final regulation adopting proposed Wage Order amendments to increase the required minimum salary levels for executive and administrative employees to qualify as overtime exempt. As a result, the minimum salary requirement in New York State for executive and administrative employees (New York does not have a minimum salary level for professional employees) to qualify as overtime exempt will increase according to the following schedule starting December 31, 2016:
Employers Outside of New York City, Nassau, Suffolk, and Westchester Counties
- $727.50 per week on and after 12/31/16;
- $780.00 per week on and after 12/31/17;
- $832.50 per week on and after 12/31/18;
- $885.00 per week on and after 12/31/19;
- $937.50 per week on and after 12/31/20
Employers in New York City
“Large” employers (11 or more employees)
- $825.00 per week on and after 12/31/16;
- $975.00 per week on and after 12/31/17;
- $1,125.00 per week on and after 12/31/18
“Small” employers (10 or fewer employees)
- $787.50 per week on and after 12/31/16;
- $900.00 per week on and after 12/31/17;
- $1,012.50 per week on and after 12/31/18;
- $1,125.00 per week on and after 12/31/19
Employers in Nassau, Suffolk, and Westchester Counties
- $750.00 per week on and after 12/31/16;
- $825.00 per week on and after 12/31/17;
- $900.00 per week on and after 12/31/18;
- $975.00 per week on and after 12/31/19;
- $1,050.00 per week on and after 12/31/20
- $1,125.00 per week on and after 12/31/21
The New York State Department of Labor also published its final rule regarding changes to minimum wage. From 12/31/2016 to 12/30/2017, the basic minimum wage is $9.70 per hour in most of New York State. There are different minimum wage rates for: the fast food industry, Long Island, Westchester County, and large and small employers in New York City. Please see the following chart for guidelines:
General Minimum Wage Rate Schedule | ||||||
Location | 12/31/16 | 12/31/17 | 12/31/18 | 12/31/19 | 12/31/20 | |
NYC – Large Employers (of 11 or more) | $11.00 | $13.00 | $15.00 | |||
NYC – Small Employers (10 or less) | $10.50 | $12.00 | $13.50 | $15.00 | ||
Long Island & Westchester | $10.00 | $11.00 | $12.00 | $13.00 | $14.00 | |
Remainder of New York State | $9.70 | $10.40 | $11.10 | $11.80 | $12.50 |
Employers must post a Minimum Wage Information poster in their establishment. Employer Posters can be found here.
Please contact our Director of Human Resources, Caroline Organ, at cmo@bspcpa.com or 716-854-5034 with any questions.