Effective March 13, 2024, the salary threshold to be exempt from certain protections set forth in Article 6 of the New York Labor Law (NY Labor Law) will increase from $900 to $1,300 per week, which equals $67,600 per year.
Article 6 of the NY Labor Law, among other things, includes definitions and regulates the method and frequency of wage payments. Persons employed in a bona fide executive, administrative or professional capacity whose weekly earnings exceed the salary threshold are exempt from:
- the requirement to "pay clerical or other workers" not less than frequently than semi-monthly pursuant to NY Labor Law Section 191(d);
- the requirement of first obtaining "advance written consent" before paying wages or salary by direct deposit as provided in NY Labor Law Section 192; or
- being subject to criminal penalties for employers who fail to pay "benefits or wage supplements," such as reimbursement of expenses, health and welfare or retirement benefits, vacation and severance pay, under NY Labor Law Section 198(c).
This salary threshold differs from the proposed increase in the salary level to be exempt from overtime under NY Labor Law. Please see our prior publication.
Senate Bill S5572: Relates to the payment of wages for certain persons employed in a bona fide executive, administrative, or professional capacity
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