How Does the New York State Overtime Salary Threshold Work?

2019 Is Here with New Salary Thresholds

The New York State overtime salary threshold draws the line between exempt salaried workers, who must be paid for overtime, and those non-exempt workers, who do not have to be paid for overtime.

For an employee to qualify for the Administrative employee exemption, the following tests must be met, according to NY State Labor Laws:

  • The employee primarily has the duty of performing office or non-manual fieldwork that relate directly to management policies or general operations.
  • The employee exercises discretion and independent judgment customarily and on a regular basis.
  • The employee regularly and directly assists the employer. Or, the employee works in an executive or administrative capacity or performs under general supervision work that is specialized, technical or requires special training, knowledge or experience.
  • The employer pays the employee on a salary basis.

Any exempt employee working over 40 hours a week and receiving less than a certain monetary number in salary must be paid for overtime work. However, based on location and year, the salary threshold number varies. Employees receiving the salary threshold amount or a lower salary must be paid for overtime work.

The following are the salary thresholds for NYC, other areas and remaining areas statewide:

New York City Salaries

  • After December 31, 2018 $1,1012.50 per week
  • After December 31, 2019 $1,125.00 per week

Nassau, Suffolk and Westchester Counties Salaries

  • After December 31, 2018 $900 per week
  • After December 31, 2019 $975 per week
  • After December 31, 2020 $1050 per week
  • After December 31, 2021 $1,125 per week

The Remainder of New York State

  • After December 31, 2018 $832 per week
  • After December 31, 2019 $885 per week
  • After December 31, 2020 $937.50 per week

Do You Have Wage and Hour Concerns?

At Stephen Hans & Associates, we can address your concerns and provide seasoned legal guidance. Our clients benefit from our decades of employment law defense experience.

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