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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August 28, 2026
Hiring an employee outside your home state can be a great way to expand your talent pool, support remote work, or grow into new markets. But before extending an offer, employers should understand that hiring someone in another state, or another country, can affect much more than payroll. The rules that apply to an employee often depend on where the employee actually performs their work , not simply where the employer is headquartered. That means one out-of-state hire can potentially create new requirements involving payroll taxes, employee benefits, workers' compensation, HR policies, retirement plans, business insurance, and more. Not every consideration below will apply to every employee. Still, reviewing these areas early can help employers avoid last-minute complications after someone has already started working. 1. Payroll and Tax Registration Payroll is often one of the first areas affected when an employee begins working in a new state. Employers may need to register for state income tax withholding and unemployment insurance accounts before processing payroll for the employee. Depending on the employee's location, local payroll taxes may also apply. Your payroll system may need to be updated to account for: State-specific withholding requirements State unemployment taxes Local payroll taxes Applicable state or local wage rules Additional reporting requirements Employers should also be aware that having an employee working in another state may create additional business tax obligations, sometimes referred to as nexus . The specific impact depends on the states involved and the circumstances of the employment relationship, so payroll registration and tax implications should be evaluated before the employee's first payroll. If the employee will be working outside the United States, the process can become considerably more complex. Foreign payroll registration, country-specific tax reporting, and other employment-related obligations may need to be addressed. 2. Human Resources and Employment Law A common misconception is that an employer only needs to follow the employment laws of the state where the company is headquartered. In many situations, employment requirements are based on where the employee works . An employee working remotely from another state may therefore be subject to different rules involving: Minimum wage and overtime Meal and rest periods Paid sick leave Paid family or medical leave Expense reimbursement Final paycheck timing Required workplace notices Wage statements Employee classifications Your existing employee handbook may also need to be reviewed. A policy that works for employees in one state may not fully address requirements in another. Employers with employees across multiple jurisdictions may need state-specific policy provisions or addenda to account for differences in leave, pay, reimbursement, or other employment practices. Taking the time to identify those differences before hiring can help managers apply policies consistently and reduce compliance risk later. 3. Employee Benefits Benefits should also be reviewed before hiring an employee in another geographic area. One of the most important questions is whether your current health plan provides meaningful access to care where the employee lives. For example, your medical carrier may have a strong provider network around your headquarters but limited in-network access in another state or region. Before extending an offer, employers should review: Medical plan network availability Employee eligibility under current benefit plans State-mandated disability benefits Paid family or medical leave requirements Paid sick leave requirements Benefit administration processes For employers developing a more geographically dispersed workforce, it may also be worth evaluating whether the current benefits strategy remains sustainable. Depending on the organization and workforce, options such as a national PPO plan or an Individual Coverage Health Reimbursement Arrangement, or ICHRA , may be worth discussing as part of a longer-term benefits strategy. The goal is not simply to determine whether an employee is technically eligible for coverage. Employers should also consider whether the benefits being offered are practical and usable where that employee lives. 4. Commercial Insurance Adding an employee in another state can also affect your business insurance. Workers' compensation is one of the most important areas to review. Your existing workers' compensation policy may need to be extended to include the employee's work state. In some situations, a separate policy or additional coverage arrangement may be required. Employers should notify their insurance advisor or carrier before the employee begins work so the appropriate requirements can be evaluated. Other commercial insurance considerations may include: Employment Practices Liability Insurance Employment Practices Liability Insurance, or EPLI, should be reviewed when an employer expands its workforce into additional jurisdictions. Different state employment laws and employee protections can create different exposures, particularly for remote workers. Cyber Liability Remote employees may also create additional cybersecurity considerations. Employees working from home may access company systems, confidential information, payroll data, employee records, or client information through home internet connections or company-issued devices. Cyber liability coverage and internal cybersecurity practices should be reviewed as the remote workforce expands. Other Liability Exposures Employers should also consider whether the employee will: Travel for business Maintain a home office Use company-owned equipment Drive for work Store company property at home These activities may introduce additional insurance considerations that should be discussed with your commercial insurance advisor. 5. Retirement Plan Administration Retirement benefits can sometimes be overlooked when employers expand into another state. Before hiring, confirm whether the employee will be eligible to participate in your existing retirement plan and whether your payroll and retirement systems are prepared to process the employee correctly. Consider reviewing: Plan eligibility requirements Employee contribution deductions Employer contribution or match calculations Payroll integration with your retirement provider State-sponsored retirement program requirements Several states have established or are implementing state-sponsored retirement savings programs for certain employers that do not offer a qualifying workplace retirement plan. If your organization already offers a retirement plan, those requirements may not apply, but employers should still confirm how the rules work in any state where employees will be located. 6. International Employees Require Additional Planning Hiring someone who will work outside the United States introduces another level of complexity. International employment can create obligations involving: Foreign payroll registration Local employment laws Income tax withholding Social insurance or similar payroll contributions Data privacy Employee benefits Business tax obligations Employers should determine how the individual will legally be employed before work begins. If the employee will be working within the United States , employment authorization must be verified and Form I-9 requirements generally apply. An employee who is otherwise authorized to work may in some circumstances begin employment before receiving a Social Security number. Payroll and employment records should then be updated when the number becomes available. Federal income tax withholding and FICA treatment can also vary depending on an individual's immigration or tax status, and certain tax treaties may affect withholding requirements. Because international employment can quickly involve multiple areas of law and taxation, employers should involve the appropriate tax, legal, payroll, and HR advisors before finalizing the arrangement. 7. Make Sure Your Internal Teams Are Coordinated One of the biggest risks with an out-of-state hire is not necessarily any single requirement. It is that different parts of the organization may not realize the hire affects them. HR may know where the employee lives, but payroll may not know a new state registration is required. Payroll may update the employee's taxes, but the benefits team may not realize the medical network is limited in that area. The hiring manager may approve remote work, but the commercial insurance team may not yet know an employee is working in another jurisdiction. That is why employers should treat an out-of-state hire as a cross-functional decision , not simply a recruiting decision. Before extending an offer, make sure the appropriate people have reviewed the situation across payroll, HR, benefits, retirement, tax, and insurance. Before You Extend the Offer A simple pre-hire review can help identify potential requirements before they become urgent. Before hiring an employee in another state or country, consider confirming: Whether workers' compensation or other commercial insurance coverage needs to change Whether the employee will have appropriate access to your current benefits Whether new payroll withholding or unemployment accounts are required Whether local or state payroll taxes apply Whether employment policies need to be updated Whether state-specific leave or wage requirements apply Whether the employee is eligible for your retirement plan Whether state-sponsored retirement requirements need to be considered Whether the hire creates additional business tax obligations Whether international employment rules apply One Hire Can Affect More Than One Part of Your Business Hiring beyond your home state can open access to a much larger talent pool, but it can also create responsibilities that are easy to overlook when departments operate independently. Payroll, HR, benefits, commercial insurance, and retirement administration are closely connected. A change in one area can quickly affect several others. The best time to identify those considerations is before the employee's first day , not after a payroll issue, coverage question, or compliance requirement surfaces. At Simco , we help employers coordinate these moving pieces across payroll and HCM, HR advisory, employee benefits, commercial insurance, and retirement services. If your organization is considering hiring an employee in another state or expanding your remote workforce, our team can help you identify the areas that should be reviewed before you move forward.
August 20, 2026
Sending a student off to college comes with a long checklist. Between tuition, textbooks, move-in plans, laptops, dorm supplies, and figuring out who remembered the extra-long twin sheets, insurance probably is not the first thing on anyone's mind. But whether your student is taking a car to school, leaving one behind, living in a dorm, or moving into an off-campus apartment, the change in where they live and drive can affect their insurance needs. A quick conversation with your insurance agent before the semester begins can help make sure your family's coverage still reflects what is actually happening once your student heads to campus. Is Your Student Taking a Car to College? If your student is bringing a vehicle with them, one of the most important things to review is where the vehicle will primarily be kept or garaged . Where a vehicle is located is one of the factors insurers may use when evaluating auto insurance. A car that was previously kept at your home but will now spend most of the year at a college several hours away, or even in another state, represents a change your insurance carrier may need to know about. Before your student leaves, let your insurance agent know: Where they will be attending school Whether they are living on or off campus Whether the vehicle is going with them Where the car will normally be parked Whether their driving habits or annual mileage will change significantly Do not assume that simply keeping your student's home address on the policy is enough. Insurance requirements and carrier guidelines can vary, particularly when a student attends school in another state, so it is worth confirming how the vehicle should be listed before the move. What If the Car Is Staying Home? If your student is going away to school and leaving their vehicle behind, that is worth discussing with your agent too. Depending on the insurance company, how far away the student attends school, how frequently they return home, and who has access to the vehicle, there may be different options for how the student and vehicle should be handled on the policy. Some insurers offer discounts when an eligible student attends school away from home without regular access to a vehicle. The Insurance Information Institute specifically recommends notifying your agent when a college student leaves the car at home because a premium discount may be available. The important part is not simply removing your student from the policy because they will not be driving every day . They may still drive when they come home for weekends, holidays, or school breaks. Your agent can help you determine the appropriate setup based on how the vehicle will actually be used. Don't Overlook Good Student Discounts College can be expensive, so it is worth checking whether your student qualifies for any available auto insurance discounts. Some insurance companies offer a good student discount for younger drivers who meet certain academic requirements. Eligibility, age limits, documentation requirements, and the amount of the discount vary by carrier, but the National Association of Insurance Commissioners lists good student discounts for drivers under 25 among the discounts that may be available. If your student has maintained good grades, ask your agent whether your current carrier offers a discount and what documentation is needed. While you are reviewing the policy, it is also a good time to make sure any other eligible discounts are being applied. What If Your Student Only Drives Occasionally? College can change driving habits considerably. Maybe your student used to drive to school and work every day but will now walk around campus. Maybe they will take the car to college but use it only occasionally. Or maybe the car will stay at home and they will drive only during school breaks. Let your agent know how the vehicle's use is changing rather than assuming the existing policy setup still makes sense. Insurance companies consider a variety of factors when determining coverage and premiums, and accurate information about drivers, vehicles, addresses, and usage helps make sure the policy reflects the household's current circumstances. Going to College Out of State? Have an Extra Conversation If your student is attending school in another state, it is especially important to review their insurance before move-in. Insurance is regulated at the state level, and requirements can differ depending on where a vehicle is registered, where it is primarily kept, and the rules of the applicable insurance carrier and state. You may not need to completely change your family's insurance arrangement just because your child attends an out-of-state college. But it is better to confirm the proper setup ahead of time rather than discover an issue after an accident or claim. Your agent can help you understand what needs to be updated, if anything, based on your student's specific situation. The Car Isn't the Only Thing to Think About Think about everything your student is packing for college: a laptop, phone, tablet, clothes, furniture, bicycle, gaming system, sports equipment, musical instruments, textbooks, and probably several things they insist are absolutely necessary for dorm life. Together, those belongings can be worth more than you realize. Whether and how those items are insured can depend in part on where your student lives. If Your Student Lives in a Dorm Students living in college housing may have some protection for their belongings through a parent's homeowners or renters insurance policy. However, coverage away from the primary residence can have different limits or restrictions. The NAIC notes that students living on campus may have coverage under a parent's homeowners or renters policy, but the amount available may be limited. Before assuming everything in the dorm is protected, check: Whether your policy extends to a student living at college The applicable personal property limit The deductible Whether expensive electronics or other valuable items have special limits What types of losses are covered It is also helpful to create a basic inventory of the belongings your student takes with them, including photos and approximate values. If Your Student Lives Off Campus Moving into an apartment or rented house changes the conversation. A landlord's insurance generally protects the building itself, not your student's personal belongings. Students living off campus should check whether their family's existing coverage extends to their rental or whether they should have their own renters insurance policy. Renters insurance can generally provide protection for areas such as: Personal belongings Personal liability Additional living expenses following certain covered losses That can become important if belongings are stolen, damaged by a covered event, or if the student is responsible for an incident involving another person or their property. Roommates add another consideration. Do not automatically assume one roommate's renters policy protects everyone living in the apartment. Each student should understand whose belongings and liability are actually covered under the policy. A Five-Minute Insurance Check Before Move-In College changes a lot about a family's routine, and insurance needs can change right along with it. Before loading up the car for move-in day, consider asking these questions: Is the student taking a vehicle to school? Make sure the insurer knows where the car will primarily be kept and how it will be used. Is the vehicle staying home? Ask how an away-at-school student should be listed and whether any discount may apply. Will the student still drive when home for breaks? Make sure the policy setup accounts for how they will realistically use the vehicle throughout the year. Does the student qualify for a good student discount? Ask what your carrier offers and whether documentation is required. Is the student living in a dorm or off campus? Review how their belongings are protected and whether renters insurance should be considered. Are they bringing expensive electronics or other valuable belongings? Check your coverage limits rather than assuming every item is fully protected. Are they attending school in another state? Confirm whether the location creates any additional insurance considerations. College Is a Big Change. Your Coverage Should Keep Up. Sending a student to college is an exciting milestone, but it also changes where they live, where they drive, how often they use a vehicle, and where many of their belongings are kept. Those details matter when it comes to insurance. You do not necessarily need new coverage simply because your child is heading to college, but you do need to make sure your existing coverage still fits your family's new routine. At Simco Insurance & Wealth Management , our licensed insurance agents can help you review your family's auto, homeowners, and renters coverage, identify any updates that may be needed, and make sure you understand your options before the school year gets underway. If your college student's living or driving situation is changing this fall, contact our team for a quick coverage review before move-in.
August 5, 2026
Originally published July 15, 2025 | Updated August 2026 Open enrollment season can quickly become a yearly juggling act of compliance requirements, employee questions and administrative work. If your team is still managing benefits through spreadsheets, emails and disconnected systems, a more streamlined approach may be worth considering. At Simco, we have seen firsthand how automating open enrollment through a unified Human Capital Management , or HCM, platform can make the process easier for HR teams and employees alike. Here are five benefits of making the switch. 1. Reduce Errors and Save Time Through Automation Manual benefits administration often requires information to be entered, reviewed and updated across multiple systems. That creates more opportunities for mistakes, delays and inconsistent records. A unified HCM platform connects benefits information with HR and payroll data, reducing duplicate entry and helping ensure that enrollment changes are reflected accurately throughout the system. Benefits can include: Real-time updates when an employee’s status or eligibility changes More consistent application of eligibility rules Fewer manual payroll deduction updates Less time spent answering repetitive enrollment questions By reducing routine administrative work, HR teams can spend more time preparing employees for enrollment and addressing situations that require personal support. 2. Give Employees a Smoother Self-Service Experience Employees are accustomed to managing many parts of their lives online, from banking and shopping to scheduling appointments. Benefits enrollment should offer that same level of convenience. Through a centralized self-service platform, employees can review available plans, compare options, make elections and update personal or dependent information from one place. This can help employees feel more informed and confident throughout the process while reducing the number of questions directed to HR. The need for a better experience is clear. According to our technology partner isolved’s 2026 Voice of the Workforce report, 70% of employees say benefits enrollment is stressful , including 38% who describe it as extremely stressful . Employees also identified easier plan and cost comparisons and technology that simplifies enrollment as two of the most important ways employers could improve the benefits experience. 3. Support Compliance Without the Last-Minute Scramble Open enrollment involves a range of federal, state and plan-specific requirements. HR teams may need to monitor employee eligibility, manage coverage changes, distribute required notices and maintain accurate enrollment records. When benefits information is spread across spreadsheets, email threads and disconnected systems, gathering the necessary details can become time-consuming and difficult to verify. A comprehensive HCM platform can help build more consistency into the process through configured eligibility rules, organized records, reporting tools and structured workflows. While technology does not replace professional compliance guidance, it can reduce manual errors and make it easier to prepare for deadlines, audits and reporting requirements. 4. Strengthen the Employee Experience Benefits are an important part of the overall employee experience. However, even a strong benefits package can lose some of its value when the enrollment process feels confusing, stressful or difficult to navigate. According to isolved’s 2026 Voice of the Workforce report, 40% of employees say a poor benefits enrollment experience would prompt them to look for a new job . Employees also reported that the top improvements they would like to see include: Easier comparisons between plans and costs: 60% Technology that simplifies enrollment: 50% More affordable options: 48% More flexible or customizable options: 34% A streamlined enrollment experience can demonstrate that an employer values employees’ time and wants to help them make informed decisions about their coverage. Providing clear information, accessible technology and an organized process can help improve employee confidence, engagement and satisfaction. 5. Free Up Valuable Time for Your HR Team Open enrollment season often brings a significant increase in administrative work. HR teams may be answering employee questions, checking enrollment elections, updating dependent information, reviewing eligibility and coordinating payroll deductions, all within a limited timeframe. When benefits management is manual or spread across several systems, much of that time is spent entering information, reconciling records and correcting avoidable errors. Automating open enrollment can reduce repetitive data entry and create a more organized workflow. This gives HR professionals more time to focus on employee communication, strategic planning, talent development and other initiatives that support the organization. The right technology does not remove the human element from open enrollment. It gives HR teams more capacity to provide meaningful support where employees need it most. Is Your Open Enrollment Process Ready? Your organization may benefit from a more automated approach if: Employee information must be entered into multiple systems HR manually tracks elections, missing forms or eligibility changes Payroll deductions require separate updates or reconciliation Employees frequently ask where to find plan information Last-minute changes regularly create additional administrative work A unified HCM platform can connect benefits enrollment with HR, payroll and employee self-service, creating a more consistent experience for everyone involved. At Simco, we help employers use HCM technology to support the full employee lifecycle. Our team can assist with system setup, benefits enrollment, payroll integration and ongoing support so your organization can approach open enrollment with greater confidence. Contact us today to learn how a unified HCM platform can help make your benefits process more organized, accurate and employee-friendly.

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