As has been the trend the past few years, New York State will once again raise the amount most exempt employees must make beginning on December 31, 2018. This amount is different depending on where the employees works. Below is a chart with these weekly salary amounts. Anyone who drops below the salary minimum is automatically considered non-exempt and must be paid overtime for all hours worked in excess of 40 hours per week.
Please remember, that salary is just one component to the exempt status determination. Once the salary threshold is met, you then must do a duties test analysis of the position to ensure it is properly categorized.
| 12/31/16 | 12/31/17 | 12/31/18 | 12/31/19 | 12/31/20 | 12/31/2021 | |
| NYC – Large Employers (of 11 or more) |
$825.00 | $975.00 | $1,125.00 | $1,125.00 | $1,125.00 | $1,125.00 |
| NYC – Small Employers (10 or less) |
$787.50 | $900.00 | $1012.50 | $1125.00 | $1125.00 | $1,125.00 |
| Long Island & Westchester | $750.00 | $825.00 | $900.00 | $975.00 | $1,050.00 | $1,125.00 |
| Remainder of New York State | $727.50 | $780.00 | $832.00 | $885.00 | $937.50 | TBD |