Nys Minimum Salary For Exempt Employee

In New York, the minimum salary for an exempt employee is $675 per week. This applies to salaried employees who were not paid on an hourly basis, and whose work was not subject to the Fair Labor Standards Act (FLSA).

In general, an exempt employee’s salary must meet or exceed the federal minimum wage of $7.25 per hour. If an employee’s salary does not meet that threshold, they may be eligible for overtime pay under FLSA regulations.

The FLSA requires employers to pay employees for any time worked over 40 hours per week. In New York, if you have questions about whether your workplace is compliant with FLSA regulations and how to treat salaried exempt employees in particular, please contact [email]

The New York State Department of Labor has a pretty clear answer to this question: the minimum salary for exempt employees is $825 per week, or $41,600 annually.

Exempt employees are those who have management duties and/or have to perform executive, administrative, or professional work. Salaried employees are exempt from overtime pay as long as they make at least $40 per hour, but that’s a different story entirely.

If your business has a lot of exempt employees and you need to know exactly what they’re making per hour or per week, you’ll want to use our [company name] calculator!

Nys Minimum Salary For Exempt Employee

Minimum Wage (2022)

In keeping with the gradual increase in the State’s minimum wage levels, the new tiered rates across the State, effective December 31, 2021, are listed below.   The increases depend on employer size and location.  The minimum wage rate for New York City employers remains $15 per hour for all employers.

Size/Location of EmployerMinimum Wage as of December 31, 2021
New York City, 11 or more employees$15.00
New York City, 10 or fewer employees$15.00
Long Island and Westchester employers, regardless of size of employer$15.00
Remainder of state, regardless of size of employer$13.20


 Salary Threshold for Exempt Employees (2022) 

Along with the increase to the minimum wage, the amounts that employers can deduct from employees’ wages for items such as uniform allowances and meals are also set to change on December 31.  The Department of Labor on its website has summarized the revisions applicable to hospitality employers, employers in “miscellaneous industries,” and employers in the “building service industry.”  Employers should consult these summaries to determine how much they can deduct for a uniform allowance and claim for meal, lodging and tip credits.

The tiered salary thresholds required for exempt status are also rising effective December 31, 2021.  Like the minimum wage, the salary levels depend on employer size and location.  They are as follows:

Size/Location of EmployerSalary Threshold as of December 31, 2021
New York City, 11 or more employees$1,125.00 per week ($58,500.00 per year)
New York City, 10 or fewer employees$1,125.00 per week ($58,500.00 per year)
Nassau, Suffolk, and Westchester counties, regardless of size of employer$1,125.00 per week ($58,500.00 per year)
Remainder of State, regardless of size of employer$990.00 per week ($51,480 per year).

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