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January 2006
HR QUESTION OF THE MONTH

Q. Is the Minimum salary level for exempt employees under New York State labor law different from the $455 per week federal level?

A. Yes, Part 142 of Title 12 of the Codes, Rules and Regulations of New York State defines the minimum wage and overtime requirements for private sector employers in miscellaneous industries in New York State.

Subpart 142-2.14 defines those Employees subject to the provisions. It also provides a list of exceptions including employees working in a bona fide Executive, Administrative or Professional capacity. In addition to the stated “duties tests,” the salaries of employees in Executive and Administrative capacities must be no less than $506.25 per week as of January 1, 2006. This will increase to $536.10 per week on January 1, 2007.

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This question was an actual inquiry received by our Resourceline from a Business Council member.

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