Does New York recognize highly compensated employee exemption?

Does New York recognize highly compensated employee exemption?

Also differing from federal law, New York State does not recognize a “highly compensated” employee exemption. Under the new FLSA regulations, the threshold will change on January 1, 2020 from $100,000 per year to $107,432.

What is an exempt employee in New York?

Employees who are exempt from the FLSA’s minimum wage and overtime laws include: executive, administrative, and professional employees and some computer workers; outside salespeople such as those who do sales away from the employer’s place of business, like a door-to-door salesperson.

Who is exempt from overtime NY?

One of these is the Salary Basis Test, which dictates that exempt employees need to earn a minimum of $684 per week or $35,568 per year. Most computer employees are also exempt from overtime pay if they are paid at least $684 per week on a salary basis or a minimum of $27.63 on an hourly basis.

Is it illegal to not pay overtime NY?

The State requires an employer to pay mandatory overtime to employees in the workforce, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Is it illegal to work 7 days in a row in NY?

In general, an employer in New York may require its white-collar employees to work seven days in a week. By contrast, in some blue-collar industries and occupations in New York State, a worker is entitled to enjoy 24 consecutive hours of rest in each calendar week.

What are the exemption requirements for Professional Employees?

The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.

What are the rules for highly compensated employees?

Highly Compensated Employees The regulations contain a special rule for “highly compensated” employees who are paid total annual compensation of $107,432 or more. A highly compensated employee is deemed exempt under Section 13(a)(1) if: 1. The employee earns total annual compensation of $107,432 or more, which includes at least $684

How to qualify as an outside salesman in New York?

NY Labor Law 651 (5) (c) To qualify as an outside salesman, an employee must: obtaining orders or contracts for service or for the use of facilities. NY Admin.

How to qualify for the creative professional employee exemption?

To qualify for the creative professional employee exemption, all of the following tests must be met: The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Highly Compensated Employees The regulations contain a special rule for “highly compensated” employees who are paid total annual compensation of $107,432 or more. A highly compensated employee is deemed exempt under Section 13(a)(1) if: 1. The employee earns total annual compensation of $107,432 or more, which includes at least $684

The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.

NY Labor Law 651 (5) (c) To qualify as an outside salesman, an employee must: obtaining orders or contracts for service or for the use of facilities. NY Admin.

To qualify for the creative professional employee exemption, all of the following tests must be met: The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.