Laws for salaried exempt employees in New York are interpreted and enforced by local courts and staff members at the New York Department of Labor. The laws cover items such as minimum wage, pay deductions and pay rate communications and generally align with federal law. They apply to employees who work for employers in the public and private sectors.
Communicating Pay Rates
New York requires employers in the state to communicate pay rates to employees. The law went into effect on April 9, 2011. Managers must inform salaried exempt employees of their wages before the employees start working. Furthermore, supervisors and managers must tell employees their annual wages by February 1 of each year. Even if the wages remain unchanged from the previous year, employers must communicate the wages to workers.
Salaried exempt employees receive a minimum wage of $455 a week or $23,600 a year, according to Fair Labor Standards Act (FLSA) laws. They are not paid the same hourly minimum wage that non-exempt salaried and hourly workers receive. However, employers of salaried exempt employees in New York can pay these workers higher weekly wages. For example, employees who receive annual wages in excess of $100,000 are typically exempt workers.
Salaried Employee Exemption Types
FLSA laws categorize salaried exempt employees as administrative, executive or professional. Administrative employees generally perform office work that directly impacts the work senior leaders at organizations perform. As with other exempt categories, administrative salaried employees must regularly exercise independent judgment to perform their jobs. Examples of administrative positions are human resource managers, labor relations managers and accounting and tax specialists. Professional jobs require high knowledge levels. Some professional jobs also mandate that workers have licenses or degrees before they start working. Types of professional jobs are doctors, lawyers, engineers and registered nurses. Executive positions are often the highest jobs at organizations. Employees who supervise at least two people and who have the authority to hire, fire or demote other workers are categorized as executives. Examples of executive positions are chief executive officers and chief administrative officers.
Employers in New York are prohibited from deducting wages from salaried exempt employees because they only worked half a day. If exempt employees come into the office and spend most of the day talking on the telephone because work is slow they also generally cannot have their wages deducted. However, if salaried exempt employees are out of work for an entire week, their employers do not have to pay them for the week they are away from work.
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