Exempt Employee Salary Increases

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.

 

Location
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
EXECUTIVE AND ADMINISTRATIVE EXEMPTION (per week)

 

New York State Minimum Wage Increases

As of December 31, 2018, all employers in New York State must comply with the following minimum wage requirements.  There may be some additional requirements for specialty businesses like hospitality, building services and farm workers, but the following chart is applicable to most employees in New York State:

 

Location
12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 2021
  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 $15.00
Remainder of New York State $9.70 $10.40 $11.10 $11.80 $12.50
General Minimum Wage Rate Schedule

New York State Enacts Anti-Sexual Harassment Laws

New York State has enacted new legislation to combat sexual harassment in the workplace.  Effective October 9, 2018, the State will require all employers to enact and distribute a written policy prohibiting sexual harassment in the workplace.  Among other things, the written policy must: Continue reading “New York State Enacts Anti-Sexual Harassment Laws”

NYC Employers, Have You Reviewed Your Application?

New York City has imposed additional restrictions on the information employers can ask on employment applications.  As of October 31, 2017, the New York City Human Rights Law will prohibit all NYC employers from inquiring into and/or relying upon the salary history of an applicant during the hiring process (with some limited exceptions). Continue reading “NYC Employers, Have You Reviewed Your Application?”

Do You Have the New I-9 Form?

Beginning on September 18, 2017, employers must begin using the newly issued I-9 form (issued on 7/17/17).  Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.  The U.S. Citizenship and Immigration Services (USCIS) made the following changes to this version of the I-9 form: Continue reading “Do You Have the New I-9 Form?”