Increased Salary Level Now in Effect for Overtime Exempt Executive and Administrative Employees in Upstate New York

In November 2022,¹ we reported that the New York State Department of Labor (DOL) had proposed increasing the minimum salary level for overtime exempt executive and administrative employees working in upstate New York (i.e., outside of New York City and Nassau, Suffolk and Westchester counties) from $990 per week to $1,064.25 per week, effective on December 31, 2022, but that it had not then been formally adopted.  The proposal to increase the exempt salary level had been mentioned in the DOL’s proposal to increase the minimum wage for employees working in upstate New York from $13.20 to $14.20 per hour effective December 31, 2022 (which has taken effect), but it was unclear from the DOL’s regulatory notice whether it had formally proposed increasing it.  After several months of uncertainty, the DOL has issued updated wage orders confirming that the salary level for overtime exempt executive and administrative employees working in upstate New York has indeed increased from $990 per week to $1,064.25 per week effective as of December 31, 2022. 

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