The New York State Department of Labor has set the minimum salary for exempt employees at $684 per week, or $35,568 per year, effective December 31, 2023. This salary level is used to determine whether an employee is eligible for overtime pay under the Fair Labor Standards Act (FLSA). Employees who are classified as exempt are not entitled to overtime pay, regardless of the number of hours they work.
There are a number of factors that determine whether an employee is exempt from overtime pay, including the employee’s job duties, salary, and the size of the employer’s business. In order to be exempt, an employee must meet all of the following criteria: