Exempt vs. Non-Exempt; Minimum Wage Increases and NY State Salary Threshold Increase 2022
March 25, 2022

Updated 3/25/2022


This article explains how to pay employees, as well as the new minimum wage that went into effect back on 12/31/2021. Non-compliance with the information could lead to repercussions during a DOL audit.

 

The New York State Department of Labor late last year published final rule regarding the increased salary thresholds to be considered exempt from overtime as well as changes to the minimum wage schedule.
 
Under both federal and New York law, employers must pay non-exempt employees at least the minimum wage for each hour worked and 1.5 times their regular rate of pay whenever they work more than 40 hours in a workweek. While most employees must be classified as non-exempt, federal, and state law include exemptions from the minimum wage and overtime requirements for certain employees, including bona fide professional, administrative, and executive employees.
 
Remember, it is not enough to simply pay an employee what an “Exempt” employee is supposed to receive and expect that employee to be classified as EXEMPT. They have to meet the criteria:
 
•  Must be paid equal to the requirements set forth for the Exempt Qualifications (i.e. Administrative, Professional, Executive)
•  Paid on a Salary Basis (Paid a Salary each pay period regardless of the hours they work. * with limited exceptions)
•  Must meet the Job Duties Test for their position
 
If they do not meet ALL THREE of these criteria, then they can not be classified as exempt, and if an employer chooses to do so, an employer’s level of exposure to a Department of Labor Audit is greatly increased. The duties tests are further explained below.
 
Employees who meet the 
duties test under the Fair Labor Standards Act (FLSA) for executive and administrative exemptions must also meet the salary level requirements in New York in order to be exempt. New York’s exempt employee salary threshold will adjust annually in proportion to increases in the minimum wage. All rate changes will take effect on December 31st of each year.


Below is an overview of exemption tests under New York law.


Salary-Level Test (New York):


Administrative and Executive Exemptions:

For the administrative and executive exemptions, the minimum salary is 75 times the state minimum wage. The minimum salary differs based on where in the state the employee works.

 
Here are the minimum salary requirements currently in effect in New York:


NYC  $1125.00

Other NY counties (Outside of NYC)  $990.00
Remainder of Downstate (Nassau, Suffolk & Westchester counties)  $1125.00
As of 12/31/2021 – Other NY counties (Outside of NYC)  $990.00
As of 12/31/2021 – Remainder of Downstate (Nassau, Suffolk & Westchester counties)  $1,125.00


Professional Exemption:

For the professional exemption, there is no minimum salary requirement under NY State law, but the federal Fair Labor Standards Act (FLSA) has a minimum. In this case, most New York employers would be required to meet the FLSA's minimum salary requirement for the professional exemption (in addition to meeting the federal and state duties tests).
Currently, to qualify for the professional exemption under the FLSA, an employee must be paid a salary of at least $684.00 per week ($35,568 annually).
 

Salary-Basis Test:

New York generally follows federal rules for the salary-basis test. To qualify for the state and federal exemption, an employee must receive their full salary for any week in which they perform any work. Salary reductions are not permitted due to variations in the quality or quantity of the employee's work.


For exempt employees, salary deductions are limited to the following circumstances:

 

 • One or more full day absences for personal reasons other than sickness or disability.

 •  Absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness.
•  To offset jury or witness fees, or for military pay.
•  For penalties imposed in good faith for infractions of safety rules of major significance.
•  For unpaid disciplinary suspensions of one or more full days imposed in good faith for serious misconduct, such as sexual harassment, workplace violence, drug, or alcohol use, or for violations of state or federal laws. The suspension must be imposed pursuant to a written policy applicable to all employees.
•  In the employee's first or last week of employment if the employee does not work the full week; or
•  For unpaid leave taken by the employee under the Family and Medical Leave Act.
Under federal and state rules, deductions from exempt employees' salaries for any other reason are prohibited.
 

Duties Test (New York):

New York's duties tests vary for each exemption and are slightly different than the federal duties tests.
 

Administrative Exemption:

To qualify for the administrative exemption under New York law:

 

•  The employee's primary duty must involve performing office or non-manual work directly related to management policies or the employer's general operations.
•  The employee must regularly exercise discretion and independent judgment; and
•  The employee must:


o  Regularly and directly assist the employer or an employee employed in a bona fide executive or administrative capacity; or
o  Perform, under only general supervision, specialized or technical work requiring special training, experience, or knowledge.


NOTE: To see who typically falls under the Administrative Exemption, see the attached 
Administrative Exemption PDF

 

Professional Exemption:

To qualify for the professional exemption under New York law, the employee's primary duty must consist of performing work that requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study.


The employee's work must:


•  Require the consistent exercise of discretion and judgment.
•  Be predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work); and
•  Be of such a character that the output produced cannot be standardized in relation to a given period.
•  NOTE: To see who typically falls under the Professional Exemption, see the attached 
Professional Exemption PDF


Executive Exemption:

To qualify for the executive exemption under New York law the:


•  Employee's primary duty must consist of the managing a customarily recognized department or subdivision of the enterprise.
•  Employee must customarily and regularly direct the work of two or more other employees.
•  Employee must have the authority to hire or fire other employees, or their suggestions and recommendations will be given weight; and
•  Employee must customarily and regularly exercise discretionary powers.
•  NOTE: To see who typically falls under the Executive Exemption, see the attached 
Executive Exemption PDF


An employee's "primary duty" is generally defined as the principal, main, major, or most important duty that the employee performs. The determination of an employee's primary duty must be based on all the facts in a case, with the major emphasis on the character of the employee's job.


Conclusion:

Before classifying employees as exempt from overtime, make sure that the employee satisfies the salary-level, salary-basis, and duties tests under both federal and state law. If an employee is covered by both the federal and state law but does not meet both sets of tests, consult with counsel and/or a CPA to determine how you should classify the employee in that situation.

Also note as of 12/31/2021:

The NY State minimum wage for Long Island and Westchester counties will increase from $14.00 per hour to $15.00 per hour


*Annual increases for the rest of the state will continue until the rate reaches $15 minimum wage (and $10 tipped wage). Starting 2022, the annual increases will be published by the Commissioner of Labor on or before October 1. They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index.


The NY State minimum wage for counties outside of NYC will increase from $12.50 per hour to $13.20 per hour.

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April 9, 2026
April is Financial Literacy Month, and most of the conversation tends to focus on individuals. Budgeting, saving, managing debt, planning for retirement. All important topics, but often framed as personal responsibilities. What gets overlooked is how much of an employee’s financial life is shaped at work. From how pay is structured, to how benefits are communicated, to whether retirement options are understood or even used, employers have a direct influence on how confident and informed employees feel about their finances. It is not always intentional, but it is significant. Where Financial Literacy Shows Up at Work For many employees, the workplace is the primary place where financial decisions are made or reinforced. Think about what flows through an employer: Paychecks and how they are calculated Tax withholdings and deductions Health insurance contributions Retirement plan participation and employer match Bonuses, commissions, and variable compensation These are not small details. They are the building blocks of how employees understand their income, manage expenses, and plan for the future. When those elements are clear and easy to navigate, employees tend to feel more in control. When they are confusing or inconsistent, it can lead to frustration, disengagement, or avoidable financial stress. The Reality: Many Employees Are Still Guessing Even in well-run organizations, it is common for employees to have gaps in understanding. Questions like: “Why did my paycheck change this period?” “What exactly is being deducted from my pay?” “Am I contributing enough to my 401(k)?” “How does my health plan actually impact my out-of-pocket costs?” These are not uncommon, and they are not always asked out loud. When employees are unsure, they often make assumptions or avoid decisions altogether. That might mean underutilizing benefits, delaying retirement contributions, or feeling less confident about their financial situation overall. Why This Matters More Than It Seems Financial literacy is not just a personal issue. It has a direct impact on the workplace, and employees who feel financially uncertain are more likely to: Experience stress that carries into the workday Be distracted or less engaged Delay important decisions like retirement planning Ask more reactive questions that take time to address On the other hand, when employees understand how their pay and benefits work, there is a noticeable shift. Communication becomes easier. Trust increases. Fewer issues escalate into larger problems. It is not about expecting employees to become financial experts. It is about creating an environment where information is clear and decisions feel manageable. Where Employers Have the Most Influence Employers do not need to overhaul their entire approach to make an impact. In many cases, financial clarity improves when existing processes are just a little more intentional. A few areas tend to have the biggest influence: Payroll Transparency Pay statements should be easy to read and consistent. Employees should be able to quickly understand their gross pay, deductions, and net pay without needing to ask for clarification every time something changes. Even small improvements in how payroll information is presented can reduce confusion. Benefits Communication Open Enrollment is not the only time benefits need explanation. Employees often need reminders and context throughout the year. Clear explanations around what plans cover, how contributions work, and how to use benefits in real scenarios can make a meaningful difference. Retirement Plan Engagement Offering a retirement plan is one thing. Helping employees understand how to use it is another. Employers who provide basic education around contribution levels, employer match, and long-term impact tend to see stronger participation and better outcomes. Consistency Across Systems When payroll, benefits, and HR systems do not align, employees feel it. Conflicting information or multiple places to find answers creates friction. Even if the underlying services are strong, the experience can feel disjointed if everything is not connected. Financial Literacy as a Workplace Advantage Financial Literacy Month is a good reminder that supporting employees in this area is not just a benefit. It is part of how a business operates. Employers who prioritize clarity tend to see:  Fewer payroll and benefits questions More confident employees Better utilization of offered benefits Stronger overall engagement It does not require a complete redesign. Often, it is the result of tightening communication, simplifying access to information, and making sure systems are working together. At Simco, this is something we see regularly. When payroll, HR, benefits, and retirement services are aligned, it becomes much easier for employers to provide a clear and consistent experience without adding more administrative burden. A Few Practical Steps to Start With If Financial Literacy Month is a prompt to take action, it does not need to be complicated. A few focused steps can go a long way: Review a sample of employee pay statements and ask if they are easy to understand at a glance Look at how benefits information is shared outside of Open Enrollment and where there may be gaps Check that retirement plan details, including employer match, are clearly communicated and easy to access Identify whether employees have one clear place to go for payroll, benefits, and HR information Ask managers or HR team members what questions they are hearing most often from employees These are simple starting points, but they often reveal where clarity can be improved. Looking Ahead Financial literacy does not need to be a separate initiative. It is already built into the way employers manage pay, benefits, and communication. April is a good reminder to take a closer look at how those pieces are working together. When employees understand their finances at work, they are more confident, more engaged, and better positioned to make informed decisions. That benefits both the individual and the organization over time.
March 10, 2026
By early spring, most organizations have settled into the rhythm of the new year. Payroll cycles are running, benefits elections have taken effect, and hiring plans are starting to move forward. It is also around this time that small administrative issues tend to surface. A deduction that was entered incorrectly. A PTO balance that does not quite look right. A job description that no longer reflects what someone actually does day to day. None of these problems usually start out as major concerns. But when they go unnoticed for months, they can create compliance risks, payroll corrections, or frustrating employee experiences later in the year. Taking a little time now to review a few core HR and payroll areas can help catch issues early and keep your systems running the way they should. 1. Payroll Deductions and Employee Pay Accuracy Payroll errors rarely happen because someone intentionally entered the wrong information. More often they occur because small changes throughout the year were not reflected consistently across systems. Spring is a good time to review payroll deductions line by line and make sure everything matches current elections and agreements. Start by checking: Health, dental, and vision deductions against current benefit elections Retirement contributions and employer match calculations Garnishments or wage attachments that may have started or ended Bonus or commission structures tied to payroll calculations It is also worth confirming that salary adjustments made at the start of the year were properly applied across payroll and HR records. A mismatch between HR systems and payroll can create issues that compound over time. Run a payroll audit report if your system allows it. Compare gross wages, deductions, and net pay for a sampling of employees across departments. Look for unusual fluctuations or rounding inconsistencies. Even one small discrepancy can create confusion for employees and require retroactive corrections later. 2. PTO Balances and Accrual Policies Paid time off policies can quietly become inconsistent if they are not reviewed periodically. Accrual rules may have changed, new hires may have different policies than long-tenured employees, and carryover limits can easily be overlooked. Take time this spring to verify that PTO balances reflect the rules outlined in your employee handbook. Focus on questions such as: Are accrual rates being applied correctly based on tenure? Are carryover limits being enforced as expected? Have any manual adjustments been made that need documentation? Do employees clearly understand how their PTO accumulates and resets? This review also helps identify employees who may have unusually high PTO balances. Addressing those early can help avoid operational challenges later in the year when many employees begin using vacation time. 3. Employee Classification and Job Roles Misclassification remains one of the most common compliance risks employers face. Over time, job responsibilities evolve, and a position that once qualified for a particular classification may no longer meet the criteria. Use this time to review whether employees are properly classified as exempt or non-exempt under wage and hour laws. Look closely at: Employees who received promotions or expanded responsibilities Positions that involve supervisory duties Roles that combine administrative and operational tasks Job descriptions should accurately reflect what employees actually do day to day. If responsibilities have shifted significantly, the classification may need to be reevaluated. Clear documentation is important here. Updated job descriptions help support classification decisions and provide clarity for both employees and managers. 4. Employee Handbook and Workplace Policies Policies that felt current a year ago may now need adjustments. Workplace expectations evolve quickly, and spring is a practical time to review whether your handbook reflects the way your organization actually operates. Pay particular attention to policies related to: Remote or hybrid work expectations Use of artificial intelligence tools in the workplace Timekeeping and attendance procedures Workplace conduct and communication standards It is also wise to confirm that any state-specific policies remain compliant with current regulations. If your workforce spans multiple states, small policy differences may need to be addressed. Updating a handbook does not necessarily mean rewriting the entire document. Sometimes a few targeted revisions can ensure employees have clear guidance and leadership has consistent standards to follow. 5. Benefits Eligibility and Employee Status Changes Benefits eligibility errors can happen when employee status changes are not updated in a timely manner. Review employees who experienced changes during the past several months. This includes individuals who moved from part-time to full-time status, those who returned from leave, and employees who changed departments or compensation structures. Make sure eligibility for benefits matches the organization’s plan requirements. Check that: Newly eligible employees were offered enrollment opportunities Terminated employees were removed from benefit plans promptly COBRA notifications were issued when required Dependent eligibility rules are being followed consistently Even minor oversights in this area can create complications with carriers or leave employees temporarily without the coverage they expect. 6. Workers’ Compensation Classifications Workers’ compensation classifications often remain unchanged year after year, even when job duties evolve. If employees begin performing different tasks than originally described, their classification may no longer match the level of risk associated with the role. Incorrect classifications can lead to inaccurate premium calculations and potential audit findings later. Take time to review job roles that involve: Operational or physical work environments Field service or travel responsibilities Equipment use or safety considerations Confirm that the workers’ compensation codes associated with these positions still reflect the work being performed. Employers who review this annually are often better prepared when insurance audits occur. 7. HR and Payroll System Alignment Finally, look at how your HR and payroll systems interact with each other . Many organizations rely on multiple platforms for HR, payroll, benefits administration, and reporting. When systems do not communicate effectively, teams often compensate by manually transferring data between them. That can create hidden inefficiencies and increase the chance of errors. Ask yourself: Are employee records consistent across all systems? Are onboarding updates automatically reflected in payroll and benefits platforms? Are reporting tools pulling accurate workforce data? For some employers, this review reveals that processes have become more manual than intended. Working with a partner that integrates HR, payroll, benefits, and insurance services can make much of this coordination significantly easier. At Simco , we help employers align these systems so information flows more smoothly and administrative teams spend less time reconciling data. A Small Review Now Prevents Bigger Issues Later Spring reviews do not have to be complicated or time-consuming. Even a few focused hours reviewing payroll accuracy, employee classifications, and benefits records can uncover issues that are much easier to fix now than later in the year. Employers who take time to review these areas early often avoid the mid-year scramble that happens when small inconsistencies finally surface. A short operational check-in today can help ensure the rest of the year runs more smoothly for both your leadership team and your employees.
March 5, 2026
Auto insurance is something most people set up once and rarely revisit. As long as the policy is active and premiums are paid, it’s easy to assume everything is working as it should. But over time, vehicles change, driving habits evolve, and insurance needs shift. Many drivers unknowingly make small decisions that can leave them underprotected, overpaying, or surprised when a claim occurs. Here are five common auto insurance mistakes drivers make without realizing it, and how a quick review of your coverage can help prevent them. 1. Carrying Only the State Minimum Coverage Many drivers assume that if they meet their state’s minimum insurance requirements, they’re fully protected. In reality, minimum coverage is typically designed to satisfy legal requirements, not necessarily to protect you financially in a serious accident. For example, New York requires drivers to carry at least: $10,000 for property damage for a single crash $25,000 for bodily injury (and $50,000 for death) for one person in a crash $50,000 for bodily injury (and $100,000 for death) for two or more people in a crash These limits allow a vehicle to be legally registered and operated in New York State, but they may not fully cover the costs associated with a major accident, particularly as medical expenses and vehicle repair costs continue to rise. Because of this, many drivers choose higher liability limits to better protect their assets in the event of a serious claim. 2. Assuming Your Policy Automatically Keeps Up With Life Changes Insurance policies don’t automatically adjust when life changes. Yet many drivers forget to update their coverage when their circumstances shift. For example, adding a teenage driver to the household, purchasing a newer or more expensive vehicle, or even relocating to a different area can all affect the type and amount of coverage you may need. Common life events that should trigger a policy review include: Moving to a new home or state Adding a new driver to the household Buying or leasing a new vehicle Changing how often or how far you drive Using your vehicle for business or gig work If your insurer isn’t aware of these changes, your coverage may not accurately reflect your current situation, which could create complications or delays if a claim ever occurs. 3. Overlooking the Risk of Being Underinsured A surprising number of drivers carry coverage that is technically valid but insufficient for real-world risks. While the policy may meet legal requirements, it may not fully protect against the financial impact of a serious accident. This is especially important when considering uninsured and underinsured motorist coverage . If another driver causes an accident but does not have insurance, or carries only minimal coverage, these protections may help cover injuries or losses that the at-fault driver’s policy cannot. In situations involving medical bills, lost wages, or long-term injury, the costs can quickly exceed basic policy limits. Without adequate protection in place, drivers may find themselves responsible for expenses they assumed would be covered. 4. Choosing Deductibles Without Reassessing Them Deductibles often get set once and then forgotten. Over time, however, a deductible that once made sense might no longer align with your financial situation or your comfort level with risk. For example: A higher deductible may lower your premium but increase out-of-pocket costs after a claim. A lower deductible may offer more predictable costs during a claim but can result in higher monthly premiums. As vehicles age or financial circumstances change, it may make sense to revisit this balance. Some drivers choose to increase deductibles once they have built savings for emergencies, while others prefer lower deductibles to reduce uncertainty in the event of an accident. Periodically reviewing this choice ensures your policy reflects both your budget and your risk tolerance. 5. Not Reviewing Your Policy Regularly Auto insurance is not meant to be a “set it and forget it” decision. Coverage that made sense a few years ago may no longer reflect your vehicle’s value, your driving habits, or today’s repair and liability costs. Vehicle repair costs, parts availability, and accident-related expenses have all changed significantly in recent years. New vehicle technology, advanced safety systems, and rising labor costs have made repairs more expensive than many drivers realize. Taking a few minutes once a year to review your policy can help ensure your coverage keeps pace with these changes and continues to provide the protection you expect. A Quick Coverage Review Can Make a Big Difference Many auto insurance mistakes aren’t about reckless driving or major oversights. More often, they happen simply because policies are rarely revisited. A quick review can help you: confirm liability limits still make sense evaluate deductibles and coverage options account for life or vehicle changes identify potential gaps before a claim occurs Making Sure Your Coverage Still Fits At Simco Insurance & Wealth Management, our licensed agents review coverage across multiple carriers to help individuals and families find solutions that fit their needs and budget. If it has been a while since you reviewed your auto insurance, taking a fresh look may help ensure your policy still provides the protection you expect. Because when it comes to insurance, the most expensive mistakes are often the ones people never realize they’re making.

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