powered by LeadingAge New York

NYS EAP Overtime Exemption Rule

As we reported last week, the federal district court in Texas enjoined the implementation of new U.S. Department of Labor regulations that would have raised the minimum compensation level for employees to be classified as exempt from federal overtime requirements. The new executive, administrative, and professional (EAP) threshold had been scheduled to take effect on Dec. 1, 2016.

New York State had proposed its own regulations to raise the current EAP of $675 weekly in a series of annual increments, based on region and the size of the employer, beginning on Dec. 31, 2016. The regulations had been open for public comment. LeadingAge NY submitted comments to the NYS Department of Labor (NYS DOL) strongly recommending delaying promulgation of the proposed regulations, particularly in light of recent developments surrounding the final rule promulgated by the U.S. Department of Labor.

For a detailed summary of the federal decision and its implications, as well as the New York State regulations, please review this memorandum from Hinman Straub.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871