Client Alerts  - Labor and Employment Dec 21, 2020

NYS Minimum Wage, Overtime-Exempt Salary Increases Dec 31, 2020

New York State Minimum Wage and Overtime-Exempt Salary Levels Will Increase for Employees Working Outside of New York City on December 31, 2020

The New York State minimum wage rates and minimum overtime-exempt salary levels for employees working outside of New York City will increase on December 31, 2020. New York State employers with employees working in the State and outside of New York City should review the changes and make the necessary adjustments to ensure they are in compliance with the new requirements when they become effective.

Minimum Wage Increases

New York State’s minimum hourly wage rates for non-fast-food workers outside of New York City will increase on December 31, 2020, as follows:

  • Nassau, Suffolk and Westchester Counties: $13.00 to $14.00 per hour
  • Remainder of the State outside of New York City: $11.80 to $12.50 per hour

The minimum hourly wage rate for fast-food workers outside of New York City will increase from $13.75 to $14.50 per hour on December 31, 2020.

Minimum Salary Increases for Overtime-Exempt Executive and Administrative Employees

New York State’s minimum salary levels for overtime-exempt executive and administrative employees will increase on December 31, 2020, as follows:

  • Nassau, Suffolk and Westchester Counties: $975 to $1,050 per week ($54,600 annually)
  • Remainder of the State outside of New York City: $885 to $937.50 per week ($48,750 annually)

New York State does not have a minimum salary level for professional employees. Therefore, employers that wish to treat such employees as exempt from overtime must pay the federal minimum salary level of $684 per week ($35,568 annually), unless an exemption from the minimum salary level otherwise applies.

Additional Assistance

For questions regarding increases to New York State minimum wage and overtime-exempt salary requirements, please contact any of the attorneys on our Labor & Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship.

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