Skip to Page Content

Texas Court Ruling Blocking DOL Rule

    Many of you have heard of last week’s court ruling blocking the USDOL’s nationwide implementation of amendments to the so-called “white collar” regulations (“the final rule). Many employers are re-thinking whether they should implement proposed classification changes or pay increases previously slated for December 1, 2016 to reach $913 weekly, the final rule’s white collar salary threshold. 

     

    Check out this resource for reference: 
    http://www.jacksonlewis.com/event/texas-judge-issues-preliminary-injunction-blocking-dol-s-overtime-regulation-now-what.


    Regardless of the temporary reprieve from the increase in the federal minimum salary level, some states, including NY, continue to have higher salary minimums for exemptions from overtime. 

     

    In NY, the current minimum salary level for the executive and administrative exemptions is $675 per week ($35,100 annualized). (The current federal level remains $455 per week, $23,660 annualized.) However, the NY Department of Labor has issued proposed regulations to set (and increase incrementally) regional salary levels for executive and administrative exemptions beginning December 31, 2016, as follows:

     (1) New York City:
    Large employers of 11 or more employees
    • $825.00 per week on and after 12/31/2016;
    • $975.00 per week on and after 12/31/2017;
    • $1,125.00 per week on and after 12/31/2018;
    Small employers of 10 or fewer employees
    • $787.50 per week on and after 12/31/2016;
    • $900.00 per week on and after 12/31/2017;
    • $1,012.50 per week on and after 12/31/2018;
    • $1,125.00 per week on and after 12/31/2019;

     (2) Remainder of downstate (Nassau, Suffolk and Westchester counties\

    • $750.00 per week on and after December 31, 2016;
    • $825.00 per week on and after December 31, 2017;
    • $900.00 per week on and after December 31, 2018;
    • $975.00 per week on and after December 31, 2019;
    • $1,050.00 per week on and after December 31, 2020;
    • $1,125.00 per week on and after December 31, 2021;
     

    (3) Remainder of state (outside of New York City, Nassau, Suffolk and Westchester counties):
    • $727.50 per week on and after December 31, 2016;
    • $780.00 per week on and after December 31, 2017;
    • $832.00 per week on and after December 31, 2018;
    • $885.00 per week on and after December 31, 2019;
    • $937.50 per week on and after December 31, 2020.
     

    The proposed NY regulations remain open for public comment until 12/3, but whatever final regulations are issued will likely go into effect on December 31, 2016. For more information regarding additional proposed changes to the NY wage regulations, see http://www.jacksonlewis.com/publication/wage-orders-likely-pose-compliance-issues-new-york-employers.

     

    Contributed By:

    Susan Corcoran      
    Attorney at Law      
    Jackson Lewis P.C.