New York Salaried Exempt Thresholds & FLSA Duty Tests
Minimum annual salary requirement of $62,400/yr ($1,200/wk), FLSA 29 C.F.R. § 541 duty tests, and misclassification rules under NY Labor Law Art. 19 § 650.
Interactive New York Salary Exemption Audit Tool
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If your salary is under $62,400, your employer may owe you back overtime pay.
Federal FLSA vs New York Exemption Matrix (2026)
Where state law grants greater protection or higher salary thresholds than federal standards, state law supersedes federal FLSA regulations under 29 U.S.C. § 218(a).
| Compliance Standard | Federal FLSA Floor | New York Statutory Mandate |
|---|---|---|
| Annual Minimum Salary | $43,888 / yr | $62,400 / yr |
| Weekly Minimum Salary | $844 / wk | $1,200 / wk |
| Primary Duties Test | 29 C.F.R. § 541 (Exec/Admin/Prof) | NY Labor Law Art. 19 § 650 Duties Rule |
| Overtime Rate if Below Threshold | 1.5x Regular Rate | 1.5x Regular Rate |
The Mandatory Two-Part Exemption Test in New York
Paying an employee a fixed salary does NOT automatically disqualify them from overtime pay. In New York, an employer MUST satisfy both statutory prongs under 29 C.F.R. § 541 and NY Labor Law Art. 19 § 650:
Salary Threshold Test
Employee must earn at least $62,400 annually ($1,200/wk) on a true, non-deductible salary basis.
Primary Duties Test
Actual daily work must consist primarily of executive leadership, administrative judgment, or specialized professional knowledge (not routine labor).
FLSA & State Duty Exemptions Breakdown
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