New York employers are required to pay overtime to most workers, but there is an important exception for executive and administrative employees–i.e., workers who primarily work in an office or supervise other employees. Under the Fair Labor Standards Act, such employees are exempt from overtime requirements if they are paid a salary of at least $455 per week (or $23,660 per year).
New York State actually imposes a higher salary threshold. The actual threshold amount increases each time New York increases its own minimum wage. That means the thresholds will go up starting with the pay period that includes December 31, 2018. Here is a brief overview of what these changes mean for workers throughout New York.
Employers in New York City
New York's minimum wage and overtime rules are not uniform. Employers in different parts of the state need to follow different rules. Here in New York City, the following exemption thresholds will apply for 2019:
- Employers with 11 or more employees must pay exempt administrative or executive employees at least $1,125 per week (or $50,700 per year), up from the current rate of $975 per week.
- Employers with 10 or fewer employees must pay exempt administrative or executive employees at least $1,012.50 per week (or $52,650 per year), up from the current $900 per week.
Employers Outside New York City
For businesses on Long Island, Westchester, or upstate New York, the exemption thresholds are significantly lower than those enforced in the five boroughs:
- Employers in Nassau, Suffolk, and Westchester Counties must pay exempt administrative or executive employees at least $900 per week (or $46,800 per year), regardless of the total number of employees.
- Employers in all other parts of upstate New York must pay exempt administrative or executive employees at least $832 per week (or $43,264 annually), regardless of the total number of employees.
The FLSA exempts “professional” employees in addition to those persons employed in executive or administrative positions. A professional employee is someone whose has “advanced knowledge” in a “field of science or learning,” and performs work that is “predominantly intellectual in character.” In other words, a professional worker has an advanced degree, such as a doctorate or a law degree, and provides services that primarily relies on their expertise.
New York State does not impose any minimum salary threshold for professional employees. This means that these workers fall within the lower threshold of the FLSA, which means they must be paid at least $455 per week. However, the U.S. Department of Labor is presently considering raising the threshold for all executive, administrative, and professional employees at the federal level, so this number may change in 2019.
Contact a New York City Overtime Lawyer Today
If you do not meet the state or federal thresholds described above, then you are probably entitled to receive overtime pay if you work more than 40 hours in a given pay period. An experienced New York City employment law attorney can advise you of your rights and help you determine if your employer is complying with federal and state law. Contact the Law Offices of Mahir S. Nisar to schedule a consultation with a member of our legal team today.