NYS Minimum Wage and Salary Basis Increases 2021
December 9, 2020

The following is an update regarding the NYS Minimum Wage and Salary Basis Increases that are effective December 31, 2020:


To be classified as exempt from New York's overtime requirements, executive and administrative employees must meet minimum salary requirements and satisfy certain duties tests. For these two exemptions, the state generally sets the minimum salary requirement at 75 times the state minimum wage, which differs based on the region of the state. On December 31, 2020, the minimum wage is increasing in every region except New York City. As a result, the minimum salary required for the executive and administrative exemptions will increase on December 31, 2020 as follows:


•   Nassau, Suffolk, and Westchester Counties: $1,050 per week
•   Remainder of the State (Except New York City): $937.50 per week


Note: There is also a professional exemption under state law. For the professional exemption, employees must satisfy certain duties tests, but there is no minimum salary requirement under state law. Federal law establishes a minimum salary of $684 per week for the professional exemption. Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria.


For more information, contact
SimcoHR at (585) 750-3246.

Source: ADP


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