May 1999
Q. We
have employees classified as “Exempt” under the federal
Fair Labor Standards Act. Are there any differences in the New York
State approach to “Exempt” categories under state law?
A. The
current salary level threshold for the exempt Executive, Administrative
and Professional categories under the federal Fair Labor Standards
Act is $250.00 per week. While the exempt “duties tests” under
New York State law are similar to those under the federal Fair Labor
Standards Act, the threshold salary under the Minimum Wage Act in New
York State is currently $318.75 per week. Employers must be aware of
this difference and focus on the higher state salary threshold when
evaluating positions for exempt status.
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