[UPDATED November 29th, 2016]
Nonprofits and Overtime: Exempt Employees and New Federal and NYS Overtime-exempt SalaryChanges
Federal and state law requires pay at the rate of time-and-a-half for any hours worked above 40 in a week, unless the worker qualifies for an exemption. For employees not satisfying the broad federal jurisdiction criteria, or when NYS rates provides a higher standard, only the NYS workplace regulations apply. In a major unexpected development, a nationwide injunction has been issued blocking implementation of proposed overtime-exemption regulations under the federal Fair Labor Standards Act (FLSA). This means that NYS employers should continue to adhere to NYS’s already higher (and going higher) overtime exemption standards under the New York Minimum Wage Act (WMA). Effective 12/31/16, the NYS minimum salary-level component of the overtime “exempt” classification will significantly increase. As such, we’ve created a NYS-specific version of our Overtime Compliance Guide.
Need Assistance? NYCON can be available to assist with some of these determinations, and will notify you if NY appears to be taking action to close the 'gap'. Contact us today.
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