New York Salary - Exempt Employee Review and Evaluation Form

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Multi-State
Control #:
US-FR-EA-3
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PDF
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Appraisal of exempt salaried employee for job progress & goals.
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FAQ

Also differing from federal law, New York State does not recognize a highly compensated employee exemption. Under the new FLSA regulations, the threshold will change on January 1, 2020 from $100,000 per year to $107,432.

A compliance audit for the FLSA is a review of the employer's policies, procedures, practices, and documentation to ensure that the employer is in compliance with the FLSA and its regulations. This includes a review of the minimum wage requirements, overtime pay, record keeping, and youth employment standards.

This includes the new salary threshold of $990 per week ($51,480 when annualized) in effect as of December 31, 2021. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized).

The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.

As of January 1, 2022, the District of Columbia had the highest minimum wage in the U.S., at 15.2 U.S. dollars per hour. This was followed by California, which had 15 U.S. dollars per hour as the state minimum wage.

New York State does not have a minimum salary level for professional employees. Therefore, employers that wish to treat such employees as exempt from overtime must pay the federal minimum salary level of $684 per week ($35,568 annually), unless an exemption from the minimum salary level otherwise applies.

Minimum Wage and Exempt Salary Threshold The exempt employee salary threshold remains at $1,125/week ($58,500/year).

Computer Employee Exemption (this exemption does not exist under New York law) Exemption for Highly Compensated Employees (this exemption does not exist under New York law)

Employees who are exempt from the FLSA's minimum wage and overtime laws include: executive, administrative, and professional employees and some computer workers; outside salespeople such as those who do sales away from the employer's place of business, like a door-to-door salesperson.

This includes the new salary threshold of $990 per week ($51,480 when annualized) in effect as of December 31, 2021. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized).

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New York Salary - Exempt Employee Review and Evaluation Form