Salary Threshold for Exempt Employees Increased as of December 31, 2019

In order to be considered exempt from overtime in New York State, an employee must earn a minimum salary. That minimum has increased as of December 31, 2019.

In 2020, in order to be considered exempt from overtime, an employee working for a New York City employer will have to earn a minimum of $1,125 per week ($58,500 per year).

Employees working on Long Island and in Westchester Counties will have to earn a minimum salary of $975 per week ($50,700 per year) to be considered exempt from overtime.

In the rest of New York State employees will have to be paid at least $885 per week ($46,020 per year) in order to be exempt from overtime pay.

In other words, even if an employee is otherwise considered exempt from overtime due to their duties and responsibilities (for example, because they are executives or managers) they will still have to be paid overtime if they do not earn the minimums set forth above.

What to do now

Employers should check their payroll to confirm that all salaried, exempt employees are paid the minimum amount per week in order to maintain their exempt status. Failure to do so could lead to a lawsuit for unpaid overtime wages.