New York Exempt Salary Threshold 2026: NYC, Long Island, Westchester, and Upstate

New York increased the minimum weekly salary required for executive and administrative overtime exemptions on January 1, 2026. The threshold depends on where the employee works.

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New York Exempt Salary Threshold 2026: NYC, Long Island, Westchester, and Upstate

Quick answer: The 2026 threshold is $1,275 per week in New York City, Nassau, Suffolk, and Westchester, and $1,199.10 per week in the remainder of New York State.

2026 regional thresholds

The state threshold applies to executive and administrative exemptions. New York’s professional exemption uses a different analysis.

Annual equivalents

The downstate amount equals approximately $66,300 per year. The remainder-of-state amount equals approximately $62,353.20 per year.

Employers should administer the weekly requirement rather than relying only on an annual offer amount.

Duties remain essential

An employee earning the required salary is not automatically exempt. The employee must perform qualifying executive or administrative duties under the applicable New York wage order.

A supervisor who spends most time on routine work or lacks meaningful management authority may remain overtime eligible.

Federal and state comparison

The federal standard salary level is $684 per week, far below the New York thresholds. Employers covered by both systems generally must apply the higher New York requirement.

An employee earning $1,000 weekly may satisfy the federal amount but fail the state threshold.

Work location matters

The applicable amount follows the employee’s work location. Employers with workers moving between New York City, Long Island, Westchester, and upstate locations should maintain accurate worksite records.

Remote employees working from New York can create state obligations even when the employer is headquartered elsewhere.

Changing salary to hourly pay

Employers can change a compensation method with proper advance notice, but reclassification does not erase overtime rights.

Nonexempt employees generally must receive overtime after 40 hours and accurate wage notices.

Example

A Manhattan administrative employee earns $64,000 annually. The weekly salary is approximately $1,230.77, below $1,275.

The employee generally fails the New York salary requirement even if the duties otherwise qualify.

Employer checklist

  1. Identify the employee’s primary work location.
  2. Raise salary to the regional threshold.
  3. Review actual duties.
  4. Treat professional employees separately.
  5. Track hours for reclassified workers.
  6. Update wage notices.

Frequently Asked Questions

What is the NYC threshold?

$1,275 per week.

What is the upstate threshold?

$1,199.10 per week.

Does it apply to professional employees?

New York’s professional exemption does not use the same state weekly salary requirement.

Does the federal $684 amount replace New York’s rule?

No.

Can an employer switch salary to hourly pay?

Yes with proper notice, but overtime and recordkeeping still apply.

Official Sources

This article is for general educational purposes and is not legal, tax, accounting, payroll, or employment advice. Rules can change and may differ by location, occupation, employer size, and employee duties.

Reviewed for accuracy by the OvertimePayUSA editorial team using official labor sources such as the U.S. Department of Labor and state agencies.
Official Sources

This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.

Frequently Asked Questions

Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.
Does it apply to professional employees?
New York’s professional exemption does not use the same state weekly salary requirement.
Can an employer switch salary to hourly pay?
Yes with proper notice, but overtime and recordkeeping still apply.