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NYS Minimum Wage and Minimum Salary Levels for Certain Exempt Employees to Increase on December 31

Labor & Employment Alert
December 26, 2018

Effective December 31, 2018, employees who are exempt from overtime requirements under the executive and administrative exemptions must receive, at a minimum, the below salary amounts each week in order to retain their exempt status.  The salaries can be paid less frequently than weekly.  Failure to pay executive and administrative employees in accordance with these minimum salary requirements will result in such employees becoming non-exempt (i.e., eligible for overtime).   

Geographic Region

Minimum Salary Required to be Paid

NYC Employers with 11 or more employees

$1,125.00 per week ($58,500 annually)

NYC employers with 10 or fewer employees

$1,012.50 per week ($52,650 annually)

Nassau, Suffolk, or Westchester employers

$900 per week ($46,800 annually)

Remainder of New York State employers

$832 per week ($43,264 annually)

In addition, New York State minimum wage will increase in accordance with the below schedule, effective December 31: 

Geographic Region

Minimum Hourly Wage Required to be Paid

NYC Employers with 11 or more employees

$15.00 per hour

NYC employers with 10 or fewer employees

$13.50 per hour

Nassau, Suffolk, or Westchester employers

$12.00 per hour

Remainder of New York State employers

$11.10 per hour