NYS Proposes New Overtime Thresholds

If you thought the Department of Labor’s proposed changes to overtime rules were bold, New York just raised the stakes. 


The New York State Department of Labor (NYSDOL) has published a new proposal that would overhaul overtime rules for employers in the state. Following Albany’s county-by-county approach to minimum wage increases earlier this year, the agency plans to increase the salary threshold for overtime exemption at different rates across the state. Anyone below that threshold must be eligible for overtime pay.


New York City’s schedule, for example, is below:

The proposed schedules for Westchester, Nassau, and other parts of the state can be found here.


The news comes on the eve of federal action on overtime. Last spring the US Department of Labor is proposed to bumping the minimum salary for overtime exemption nationwide from $23,660 to $47,476. In instances where federal and state minimums differ, the most generous rate prevails—meaning that while 2016’s proposed hike for New York employers may be moot (if the DOL's new rules come into effect), gradually the state’s minimums will catch up and eventually surpass the federal threshold.


The NYSDOL proposal is currently open for public comment, per state rulemaking procedure. The Namely team will continue monitoring its status.