The Soapbox and Toolbox for New York State's Nonprofits

[UPDATED November 29th, 2016]
Nonprofits and Overtime: Exempt Employees and New Federal and NYS Overtime-exempt SalaryChanges

Federal and state law requires pay at the rate of time-and-a-half for any hours worked above 40 in a week, unless the worker qualifies for an exemption. For employees not satisfying the broad federal jurisdiction criteria, or when NYS rates provides a higher standard, only the NYS workplace regulations apply.  In a major unexpected development, a nationwide injunction has been issued blocking implementation of proposed overtime-exemption regulations under the federal Fair Labor Standards Act (FLSA).  This means that NYS employers should continue to adhere to NYS’s already higher (and going higher) overtime exemption standards under the New York Minimum Wage Act (WMA).   Effective 12/31/16, the NYS minimum salary-level component of the overtime “exempt” classification will significantly increase.  As such, we’ve created a NYS-specific version of our Overtime Compliance Guide.


NYCON has created this guide to assist New York nonprofits in determining how/if they need to react to the New York State regulations.


Need Assistance? NYCON can be available to assist with some of these determinations, and will notify you if NY appears to be taking action to close the 'gap'.  Contact us today.

NYCON develops and promotes an effective and vibrant charitable nonprofit community throughout New York State.  We strengthen organizational capacity, act as an advocate and unifying voice, help to inform philanthropic giving, and conduct research and planning to demonstrate relevance and impact.