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An overtime-eligible employee (paid a salary) who regularly works more than 40 hours per week, they are still entitled to overtime pay for hours worked over 40 hours. The number of hours included in the employee's regular workweek only affects the rate of overtime pay.
The federal Fair Labor Standards Act (FLSA) requires all exempt employees be paid at least $684 per week. [1] This is equal to a $35,568 annual salary.
New York State does not have a minimum salary level for professional employees. Therefore, employers that wish to treat such employees as exempt from overtime must pay the federal minimum salary level of $684 per week ($35,568 annually), unless an exemption from the minimum salary level otherwise applies.
Minimum Wage and Exempt Salary Threshold The exempt employee salary threshold remains at $1,125/week ($58,500/year).
What Is an Exempt Employee in New York? Under the Fair Labor Standards Act (FLSA), certain employees are exempt from federal minimum wage and overtime regulations. New York also has its own regulations regarding minimum wage and overtime, though there are many similarities.
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Laws Concerning Minimum Wages Salaried exempt employees should receive no less than $455 a week, which is approximately the same as $23,600 a year. This is as set out by the Fair Labor Standards Act Law, or the FLSA. Salaried exempt employees are not paid the same hourly minimum wage as their non-exempt counterparts.
Work any number of hours each week: Employers are not restricted to a 40-hour work week. This means that your employer has the authority to require you to work more than 40 hours in a given calendar week. Of course, overtime laws apply to any hours over 40 worked in a calendar week.
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.
Under the FLSA, workers must earn at least $684 per week to qualify for the white-collar exemption. This amount was increased in 2020 from $455. In addition, New York has its own salary basis test for administrative and executive employees. Employees in New York City must earn $1,125 weekly to be overtime-exempt.
This includes the new salary threshold of $990 per week ($51,480 when annualized) in effect as of December 31, 2021. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized).

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