NY Amends Salary Threshold to Maintain Overtime Exemptions for White Collar Employees

The New York Department of Labor has adopted proposed changes to increase the salary threshold for “white collar” executive and administrative employees to qualify as exempt. Accordingly, employers are required to pay the following minimum salaries as of their respective dates to maintain the executive and administrative overtime exemption under New York law:

Large employers (those with 11 or more employees) in New York City:

$825 per week effective December 31, 2016.
$975 per week effective December 31, 2017.
$1,125 per week effective December 31, 2018.

Small employers (those with 10 or fewer employees) in New York City:

$787.50 per week effective December 31, 2016.
$900 per week effective December 31, 2017.
$1,012.50 per week effective December 31, 2018.
$1,125 per week effective December 31, 2019.

Employers in Long Island and Westchester:

$750 per week effective December 31, 2016.
$825 per week effective December 31, 2017.
$900 per week effective December 31, 2018.
$975 per week effective December 31, 2019.
$1,050 per week effective December 31, 2020.
$1,125 per week effective December 31, 2021.

Employers in the remainder of New York State (outside of New York City, Long Island, and Westchester):

$727.50 per week effective December 31, 2016.
$780 per week effective December 31, 2017.
$832 per week effective December 31, 2018.
$885 per week effective December 31, 2019.
$937.50 per week effective December 31, 2020.

NYC Says There Are No Longer Just Males and Females

In May of this year, the New York  City Commission on Human Rights announced a list of 31 new genders that are protected by New York City's anti-discrimination laws.  The list includes the terms "androgynous," "gender bender," "gender gifted," "third sex," "genderqueer," "gender fluid" and "pangender."  And the list is by no means intended to be "exhaustive."  I suppose they couldn't think of any other gender types at the moment.

This all comes within the scope of New York City Human Rights Law passed in 2005 known as the 2005 Civil Rights Restoration Act.  Apparently, the law needed updating, or at least further clarification, because such gender terms and different gender concepts were not within the contemplation of the legislators back in 2005, and so now the City wants to make clear who is protected.

The NYC Human Rights Law also requires employers and covered entities to use an individual’s preferred name, pronoun and title (for example, Ms./Mrs.), regardless of the individual’s sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the individual’s identification.

Be careful employers:  the penalties for violating the law are harsh:  $125,000 for each violation or $250,000 if the discriminatory conduct is considered willful.

The times, they are a changin'....