[UPDATE] On December 29, 2016, the New York State Department of Labor (“NYSDOL”) adopted its proposed rule increasing overtime exempt salary thresholds for New York employees. The new rule is set to take effect in just two days on December 31, 2016. The NYSDOL made no changes to the version of the proposed rule published on October 19, 2016 and discussed in this article. Employers in New York should plan to comply with the new overtime salary thresholds as outlined below on January 1, 2017. The United States Department of Labor’s proposed rule to increase the national overtime exempt salary threshold is still under a nationwide preliminary injunction and is set to be decided in the first half of 2017.  However, this preliminary injunction had no effect on the December 31, 2016 effective date of the New York State rule.

New York City: Large Employer (11 or more) New York City: Small Employer (10 for fewer) Nassau, Suffolk, Westchester Counties Other New York counties
Effective Date Overtime Exempt Salary Threshold (salary/week)
12/31/16 $825.00 $787.00 $750.00 $727.50
12/31/17 $975.00 $900.00 $825.00 $780.00
12/31/18 $1,125.00 $1,012.50 $900.00 $832.00
12/31/19 $1,125.00 $975.00 $885.00
12/31/20 $1,050.00 $937.50
12/31/21 $1,125.00


Click here to read our original article on the proposed changes.


*Danielle Thompson is a law clerk in Sheppard Mullin’s New York office.