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.

Sign up for our newsletter.

November 9, 2026
By November, most businesses are already looking toward year-end. Payroll teams are preparing for final reporting, employees are thinking about benefits and holidays, managers are planning for the coming year, and leadership is often trying to finish 2026 while simultaneously preparing for 2027. It's also a useful time to look beyond individual deadlines and ask a broader question: Has anything changed in the business this year that our current processes, policies or partners have not caught up with yet? Changes rarely happen all at once. A company adds employees, someone takes on a new responsibility, a manual workaround becomes part of the normal process, or a system that worked well at 30 employees starts feeling different at 60. By year-end, those small changes can add up. Before another year begins, here are seven areas worth reviewing. 1. Is Your Employee and Payroll Information Still Accurate? Year-end is an obvious time to review payroll information, but the most useful check is often broader than verifying a final payroll. Take a look at whether employee names, addresses, tax information, compensation changes, employment statuses and other important records are current. Employers should also make sure changes that occurred during the year actually made their way into every place they needed to go. This matters because one outdated piece of information can affect more than payroll. The same employee data may also support benefits, retirement plans, reporting and other administrative processes. The IRS continues to emphasize accurate withholding, reporting, timely employment-tax filings and maintaining appropriate payroll records as core employer responsibilities. The goal is not simply to “finish payroll.” It is to start the next year with cleaner information. 2. What Manual Work Has Quietly Become Normal? Some of the best process improvements begin with a very simple question: What does our team have to do manually every week or every pay period that feels like it should be easier? Maybe someone enters the same employee information into multiple systems. Perhaps HR maintains a spreadsheet because the information they need is difficult to report elsewhere. Maybe managers still email changes to payroll, or one employee has become the unofficial bridge between several vendors. These workarounds are easy to accept because they usually develop gradually. They may only take five minutes at a time, but multiplied across employees, payrolls and an entire year, they can create a surprising amount of administrative work. Year-end is a good time to write those processes down rather than automatically carrying them into another year. 3. Did Your Workforce Change Enough to Revisit HR Practices? Think about how your workforce looks today compared with January. Did you hire significantly? Add managers? Expand into another state? Introduce remote or hybrid positions? Create new job responsibilities? Experience more employee-relations issues than usual? Business growth can outpace HR practices surprisingly quickly. That does not necessarily mean every employer needs to rewrite every policy annually. It does mean policies, employee handbooks, manager practices, job descriptions and internal procedures should still reflect how the organization actually operates. A policy that technically exists but no longer matches day-to-day reality can create just as much confusion as not having a policy at all. 4. What Did Employees Actually Experience With Their Benefits? Benefits should not only be reviewed at renewal. Once enrollment activity begins to settle, employers can learn a lot by considering what employees and administrators experienced throughout the year. Were employees confused about where to find information? Did HR spend significant time answering the same questions? Were enrollment changes difficult to coordinate with payroll? Did employees understand the benefits being offered? Are there benefits available that employees rarely use because they do not understand them? It is also worth looking beyond medical coverage. Retirement, ancillary benefits, financial wellness and other offerings all contribute to the overall employee experience. You don't necessarily need to make immediate changes, but it's important to capture what worked and what did not while the experience is still recent enough to remember. 5. Has the Business Changed in Ways That Affect Risk? Businesses rarely look exactly the same at the end of a year as they did at the beginning. New locations, vehicles, equipment, employees, job responsibilities, revenue growth, work performed in new states or changes to operations can all affect the risks a business faces. Those changes are worth discussing with the appropriate insurance and risk professionals rather than assuming the existing structure automatically kept pace. Cybersecurity also belongs in this conversation. Employers increasingly hold sensitive employee, payroll, benefits and financial information across multiple platforms. Reviewing who has access, removing outdated accounts, using multifactor authentication where available and confirming how sensitive requests are verified are practical year-end housekeeping steps. Federal guidance for employee benefit plans also continues to emphasize formal cybersecurity practices, risk assessment and strong access controls around sensitive plan information. 6. Do You Know Who Owns Each Important Process? Many operational problems aren't technology problems, they're ownership problems. When something changes with an employee, who is responsible for updating it? If an issue touches payroll and benefits, who coordinates the two? If a manager has an HR question, where do they go? If something looks wrong before payroll runs, who has authority to correct it? The answers may seem obvious until something urgent happens. For each important administrative process, employers should be able to identify three things: Who owns it internally? Who supports it externally? What happens when something goes wrong? Clear ownership can eliminate a surprising amount of back-and-forth. 7. Are Your Business Partners Making Work Easier? Year-end is also a useful time to evaluate the relationships supporting the business. This doesn't have to mean shopping every service every year. Instead, consider the experience you are actually having. When you have a question, can you reach someone who understands your business? Are problems resolved or repeatedly patched? Do your different providers work well together, or does your team coordinate between them? Are you using the technology and services you are paying for? Has your organization changed enough that your current setup deserves another look? A business partner can't eliminate every challenge, but the relationship should make it easier to navigate them. If your internal team has become responsible for connecting all of your systems, providers and processes themselves, that is useful information to carry into your planning for next year. You Don't Need to Fix Everything Before December 31 A year-end review doesn't need to become another enormous year-end project; the purpose is just to identify what deserves attention. Some items may need action before the final payroll, while others may become priorities for January, your next renewal, a midyear review or the next time you evaluate a provider. Write them down and assign an owner. Decide what actually needs to happen now and what can be intentionally planned for later. The businesses that enter a new year in the strongest position are not necessarily the ones that changed the most. They're often the ones that took the time to understand what was working, what was creating unnecessary friction and what should not simply be carried forward because “that is how we have always done it.” Before 2027 begins, a thoughtful review of your people, processes, systems and partnerships can give you a much clearer starting point for the year ahead. If your year-end review uncovers areas that could be working better, Simco can help you take a closer look.
October 14, 2026
Changing payroll or HCM providers can be a major decision for any employer, especially for small and mid-sized businesses where payroll touches nearly every employee, every pay period, and many of the systems that keep the business running. That is why a successful transition should involve more than simply moving data from one platform into another. A new system can offer better technology, stronger reporting, improved employee self-service, and more efficient workflows. But those benefits are not automatic. If an employer simply recreates the same workarounds, outdated data, and disconnected processes in a new platform, the result may look different without actually working much better. A payroll transition should be an opportunity to step back, evaluate how the business operates today, and intentionally build a better environment for the future. Start With How the Business Actually Works Before configuring a new payroll or HCM system, it is important to understand what is happening in the current environment. That means looking beyond payroll processing and examining how information moves through the organization from onboarding and timekeeping to benefits, HR administration, reporting, and eventually separation. For many growing businesses, processes develop gradually. Spreadsheets, manual approvals, and duplicate data entry may have been created to solve individual problems over time. Together, those workarounds can create unnecessary administrative work and increase the risk of errors. Before moving into a new system, employers should identify where information is being entered more than once, what still depends on manual follow-up, where managers or employees routinely get stuck, and which reports are difficult to produce. That creates a much stronger foundation than simply asking how to make the new system look like the old one. Separate What Works From What Has Simply Become Familiar One of the easiest mistakes to make during implementation is assuming that every existing process should be preserved. Familiarity does not always mean efficiency. A payroll workflow, approval structure, or reporting process may exist simply because that is how the previous system was configured. A useful question to ask is: If we were designing this process today, would we still do it this way? Some processes will absolutely make sense to keep. Others may be creating unnecessary effort because of old system limitations. The goal should not be to change everything. It should be to preserve what works while improving the areas that create friction, confusion, or risk. Clean Up the Data Before It Becomes New-System Data Payroll and HCM systems contain a significant amount of information, including employee data, tax setup, earnings and deductions, departments, locations, job information, permissions, benefits, and timekeeping rules. Over time, some of that information may become outdated, duplicated, or structured in a way that no longer reflects the business. Moving that information into a new system without reviewing it first can preserve those same issues. A thoughtful implementation should include time to validate employee records, review earning and deduction codes, confirm tax setup, evaluate organizational structures, and identify information that should be cleaned up before migration. The objective is not simply to move data successfully. It is to start the new environment with information that is as accurate, organized, and useful as possible. Payroll Should Not Be Evaluated in Isolation Payroll may be the system that processes the paycheck, but the information it relies on comes from many different parts of the business. Hiring, timekeeping, HR, benefits, retirement contributions, employee status changes, and other workforce processes all intersect with payroll. When those areas are managed independently by different vendors or disconnected systems, employers are often left responsible for making everything work together. That can create duplicate entry, manual reconciliation, inconsistent data, and more opportunities for something to fall through the cracks. A better implementation looks at the entire administrative environment, not just the payroll engine. Why the ASO Model Matters This is where an Administrative Services Organization, or ASO, model can create meaningful value for small and mid-sized employers. Traditionally, businesses often purchase payroll, HR, benefits, retirement, and commercial insurance from separate providers. Each provider may do its individual job well, but the employer is still left managing the gaps between them. Those gaps matter because these functions are highly interdependent. A new hire can affect payroll, benefits eligibility, workers’ compensation exposure, retirement participation, and HR compliance. A termination can trigger payroll changes, benefits administration, HR documentation, and additional follow-up. An ASO approach is designed to bring those functions into a more coordinated model. Instead of asking the employer to act as the connector between multiple vendors, the goal is to create greater alignment across the services that support the workforce. At Simco, that means looking at HCM technology, HR advisory, employee benefits, commercial insurance, and retirement advisory as part of one broader business environment. The value is not simply access to more services. It is creating a more connected administrative structure with fewer handoffs, clearer ownership, and better visibility. Build Around the Employee Lifecycle, Not Just the Payroll Run A well-designed HCM environment should support more than the moment payroll is processed. It should help manage the full employee lifecycle, from onboarding and timekeeping through compensation, benefits, HR administration, retirement, and offboarding. Looking at implementation through that lens often reveals opportunities that would otherwise be missed. Onboarding may still be manual. Managers may submit changes through email. Benefit information may need to be entered in multiple places. Employee data may not flow consistently between systems. These may not seem like payroll problems, but they directly affect how efficiently payroll and HR administration operate. That is why implementation conversations should include more than pay frequency and tax setup. They should also examine how employees enter the organization, how managers interact with the system, how changes are communicated, and where administrative work tends to pile up. Leave Enough Time to Build It Correctly A thoughtful assessment takes time, which is why employers should avoid waiting until the last minute to begin a payroll or HCM transition. There is a significant difference between getting a system live and building a system well. A well-planned implementation creates room to evaluate processes, validate data, configure the system, test workflows, train users, and correct issues before employees depend on it. For employers considering a January transition, beginning the conversation in the fall can provide valuable runway and allow for more deliberate decisions before year-end pressures increase. Why Simco Starts With the Blueprint At Simco, we believe implementation should begin with understanding the business, not simply collecting files. Our Simco Blueprint assessment is designed to look at how an employer is operating today before the new environment is built. We review current processes, identify what is working, uncover areas of friction, and look for opportunities to improve how the organization uses its payroll and HCM technology. That assessment also considers how payroll interacts with HR, benefits, commercial insurance, and retirement. The objective is to make sure the system supports the business as a whole rather than solving one problem while creating another. A successful transition should leave an employer with more than a new provider. It should create a stronger foundation for how the business manages its people and administrative responsibilities. A New System Should Be an Opportunity to Work Better Changing payroll or HCM providers is a significant project, but it can also be an opportunity to improve processes that may have been creating frustration for years. The key is resisting the temptation to simply recreate the old environment. Before moving data, employers should understand their current processes. Before configuring workflows, they should decide whether those workflows still make sense. Before going live, they should make sure the different pieces of their administrative environment are working together effectively. A new system should not just be a different place to do the same work. It should help make the work easier. If your organization is considering a payroll or HCM change, Simco can help you evaluate your current environment, identify opportunities for improvement, and understand what a thoughtful transition could look like. Ready to take a closer look at your current setup? Talk with the Simco team .
October 8, 2026
January is one of the most natural times for an employer to move to a new payroll or HCM provider. A new calendar year creates a clean transition point for payroll records, reporting, employee communication and internal processes. But a January go-live does not mean the work should begin in January. For employers considering a change, the most important part of the transition often happens months earlier. A successful implementation requires time to understand the current environment, make decisions about what should change, validate employee and payroll data, configure the new system, test it and prepare everyone who will use it. If a January payroll change is on your radar, here are four things worth knowing now. 1. A January switch should usually start well before January One of the biggest misconceptions about changing payroll providers is that the transition begins when the new system goes live. In reality, that is the end of the implementation process. Before the first payroll can run, there are a number of decisions and setup items that may need attention, including employee records, earnings and deductions, tax information, pay schedules, timekeeping rules, direct deposit information, security permissions, reporting requirements, integrations and other company-specific workflows. The complexity will vary from employer to employer, which is why there is no single implementation timeline that fits every organization. But if your goal is to be live at the beginning of the year, October and early November are a much better time to begin the conversation than December. Starting earlier gives both the employer and the new provider room to work carefully instead of trying to force a major system change through the busiest part of year-end. 2. Do not automatically recreate everything you have today Changing payroll providers is an opportunity to fix problems, not transfer them. It can be tempting to approach implementation by simply copying the setup in the current system into the new one. That may seem like the fastest path, but it can also carry old inefficiencies, outdated processes and bad data directly into the new platform. Before building anything, employers should take a closer look at questions such as: Which payroll processes create the most manual work? Are employees or managers struggling with any part of the system? Are there recurring corrections or data issues? Are you maintaining information in spreadsheets because the current system does not handle it well? Are timekeeping, HR, benefits and payroll working together effectively? Are there reports your team needs but struggles to produce? Have your workforce, policies or business processes changed since the system was originally implemented? A provider change should create a better operating environment, not simply give the same process a new login screen. This assessment stage is one of the reasons beginning early matters. 3. Data accuracy becomes especially important at year-end A payroll transition involves more than moving names and pay rates. Employee information, year-to-date wages, taxes, deductions and other payroll records may all play a role in making sure the old year closes correctly and the new year begins accurately. Year-end also brings important employer reporting responsibilities. Employers remain responsible for ensuring payroll tax filings and Forms W-2 are accurate and filed on time even when they use a third-party payroll provider ( IRS ). That makes data review an important part of any year-end implementation. Employers should expect to spend time verifying items such as: Employee names, addresses and Social Security numbers Federal, state and local tax setup Year-to-date payroll totals Earnings and deduction codes Benefit deductions Retirement contributions Garnishments and other recurring deductions Direct deposit information Company tax information and filing setup There may also be special year-end items such as bonuses, fringe benefits or other adjustments that need to be reflected correctly. The goal is not simply to import data. It is to make sure the information going into the new system is accurate and that responsibility for year-end versus new-year reporting is clearly understood. 4. The right implementation should include testing, training and a clear owner Technology is only one part of a payroll conversion. Someone also needs to coordinate the process. A good implementation should establish clear responsibilities, deadlines and points of contact so the employer is not left trying to manage multiple moving pieces on their own. Before going live, employers should understand: Who is overseeing the implementation? There should be someone responsible for keeping the project moving and helping coordinate questions, decisions and outstanding items. How will the system be tested? Payroll calculations, deductions, taxes, time data and other important configurations should be reviewed before the first live payroll. How will managers and employees be prepared? If employees will use a new portal, mobile app, timekeeping process or enrollment experience, communication and training should be part of the transition. What support will be available after go-live? Implementation should not end the moment the first payroll processes. Employers should know who they will contact when questions arise afterward. A well-managed transition gives an employer time to catch issues before they become payroll-day emergencies. January can be a good time to change if you give yourself enough runway For employers who are frustrated with their current provider, January can provide a natural opportunity for a fresh start. However, this decision should not be rushed simply to hit a January 1 date. The better question is: Do we have enough time to evaluate our current process, build the new environment correctly and make the transition confidently? If the answer is yes, starting the conversation now can make the next few months much more manageable. At Simco, we work with employers to look beyond the payroll system itself. We assess how payroll, HR, timekeeping, benefits and the surrounding processes fit together so the new environment is built around how the business actually operates. If you are considering a payroll or HCM change for 2027, now is the time to start mapping out what the transition would involve. A short conversation can help determine what needs to happen, what information you will need and whether a January transition makes sense for your organization. Want to talk through your January timeline? Click here .

Have a question? Get in touch.