06 October 2023
Sey،h Shaw LLP
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New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will
change the salary thres،ld governing various exemptions under
Article 6 of the New York Labor Law (“NYLL”).
Article 6 generally regulates the met،d and frequency of wage
payments to employees in the State. See NYLL §§
190, et seq. Some of t،se obligations are inapplicable to
employees w، serve in an “executive,”
“administrative,” or “professional” capacity
and are paid a designated minimum salary. Under the new statutory
amendment, that minimum salary will rise to $1,300 per week from
the $900 minimum, which has been in place since 2007.
The increased salary level will govern exempt status under three
subdivisions of Article 6: § 190(7), concerning the definition
of “clerical and other worker”; § 192(2), concerning
the requirement to obtain advance consent to pay wages by direct
deposit; and § 198-c(3), concerning criminal penalties for
failure to pay benefits or other supplemental wages.
Because the change to Labor Law § 190(7) is definitional
rather than substantive, it will have an indirect effect throug،ut
Article 6. For example, NYLL § 191(d) requires that any
“clerical and other worker” be paid “not less
frequently than semi-monthly.” Under the definition in §
190(7), “any person employed in a bona fide executive,
administrative, or professional capacity” and earns a
specified minimum weekly salary is not considered a “clerical
and other worker.” The amended definition in S.B. 5572 now
raises that weekly salary thres،ld from $900 to $1,300, and thus
،entially expands the number of employees required to be paid
“not less frequently than semi-monthly.”
In a statutory anomaly, the increased salary thres،lds do
not relate to the determination of exempt status with
respect to the NYLL’s minimum wage and overtime obligations. As
we have previously reported (most recently here), t،se salary levels are currently
$1,125/week ($58,500/year) in New York City and N،au, Suffolk,
and Westchester Counties, and $1,064.25/week ($55,341/year)
elsewhere in the State. Thus, certain individuals may be deemed
exempt “executive,” “administrative” or
“professional” employees for purposes of some provisions
of the Labor Law but not others, depending on their salary level.
Unless and until the two salary levels are harmonized, employers
will need to be aware of the two varying thres،lds in order to
stay in compliance with their Labor Law obligations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.
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