An exempt position has position responsibilities and a minimum salary that satisfy the requirements of state and federal wage and hour regulations. An exempt position must meet the duties test for administrative, executive, professional or computer exemptions. In addition, individuals in these positions must be paid a minimum weekly salary.
There are different minimum weekly salary threholds under federal and state wage and hour requirements as outlined in the sections below.
New York State's salary requirements for executive and administrative employees to be exempt from overtime provisions are separate from those for professional employees. These requirements are set forth in the section below.
New York State Minimum Salary Threshold
Executive and Administrative Employees
The New York State salary threshold applies to executive and administrative employees. The rates are outlined below:
| 12/31/18 | 12/31/19 | 12/31/20 | 12/31/21 | 12/31/22 | |
| MINIMUM SALARY REQUIRED | |||||
| NYC | $1,125.00 | $1,125.00 | $1,125.00 | $1,125.00 | $1,125.00 |
| Long Island & Westchester | $900.00 | $975.00 | $1,050.00 | $1,125.00 | $1,125.00 |
| Remainder of New York State | $832.50 | $885.00 | $937.50 | $990.00 | $1,064.25 |
Federal Minimum Salary Threshold
The Federal minimum salary threshold for exemption applies to administrative, executive, professional and computer related positions with exclusions for certain positions. The minimum weekly salary rate required for exemption for overtime provisions is $684 weekly ($35,568 annually).
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