Earlier this month we notified you that a U.S. District Judge in the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) final overtime rule just days before it was scheduled to go into effect. While the outlook of the exemption levels at the federal level remain uncertain, New York State has raised the exemption levels on its own, effective December 31, 2016.

Specifically, the changes affect the salary threshold at which those who work in an administrative or executive capacity will be considered exempt from state wage and hour provisions. The changes were adopted in a State Register filing this past week.

Under the new rules, individuals working in an administrative or executive capacity are exempt from wage and hour provisions when they meet certain criteria and threshold salary requirements. The current threshold is set at $675.00 per week. Similar to minimum wage in New York State, the exemption levels will increase to different levels according to the date, size of employer, and location within the state.

The New York Department of Labor has posted a summary of the wage order implementing the changes.

Should you have any questions about the new guidance please contact:

• Christopher P. Maugans (716.710.5825; cmaugans@goldbergsegalla.com)
• Caroline J. Berdzik (609.986.1314; cberdzik@goldbergsegalla.com)
• Or another member of Goldberg Segalla’s Employment and Labor Practice Group