New York Wage Law Changes 12/31/16

December 5, 2016

The proposed U.S. Department of Labor regulations which would have increased the minimum salary for exempt employees to $913.00 weekly are still on hold because of the injunction issued by a Federal Judge in Texas. The Labor Department has appealed this ruling, but it is questionable whether this challenge to the injunction will continue after Donald Trump takes office.

However, New York employers will most likely face an increase in the minimum salary for exempt employees in New York on December 31, 2016. If the increase proposed by the NYS Labor Department is adopted the minimum salary for exempt executive and administrative employees in upstate New York will increase from $675.00 weekly to 727.50 weekly ($37,830 annually). The minimum exempt employee salary for New York City and Long Island is higher.

The public comment period for the proposed exempt salary increase expired on December 3, so we should know soon if this increase is finalized. It appears likely that it will be adopted.

Also, on December 31, 2016 the minimum wage for upstate New York will increase to $9.70 per hour, and the upstate fast food minimum wage will increase to $10.75 per hour.