Federal Overtime Rule Delayed but New York State Has Its Own!


While the federal overtime exemption rule has been delayed by a temporary injunction issued on November 22nd, New York State’s own rule has gone into effect on December 31st, raising the current salary threshold for exempt “professional employees” from its previous $675 per week or $35,100 annually.  The increases are regional, vary depending on whether or not an employer has 11 or more employees or fewer, and increases over time. 




NYC, 11 employees or more:


  • 12/31/16              $825/week  $42,900/year

  • 12/31/17              $975/week  $50,700/year

  • 12/31/18              $1,125/week  $58,500/year


NYC employers with 10 employees or less have an extra year to meet the top threshold


Nassau/Suffolk/Westchester                                     Rest of State


  • 12/31/16              $750/wk  $39,000/yr                       $727.50/$37,830

  • 12/31/17              $825/wk  $42,900/yr                       $780/$40,560

  • 12/31/18              $900/wk  $46,800/yr                       $832/$43,264

  • 12/31/19              $975/wk  $50,700/yr                       $885.50/$46,020

  • 12/31/20              $1,050/wk  $54,600/yr                    $937.50/$48,750

  • 12/31/21              $1,125/wk  $58,500/yr                    --------------------


These thresholds are currently in effect so if you haven’t already, make sure that you are in compliance now!  The IAC, along with the other provider associations is working to ensure that OPWDD covers the cost of this new mandate.  We will provide more information soon.  Staff contact:  This email address is being protected from spambots. You need JavaScript enabled to view it.