Employee Classification: New York
Federal law and guidance on this subject should be reviewed together with this section.
Author: Christine P. Corrigan, CPC Writing Services
- New York's overtime and minimum wage exemptions are similar to those of the federal Fair Labor Standards Act (FLSA) in many respects. However, there are several differences that require special attention. See Minimum Wage and Overtime Exemptions.
- The salary requirements for New York's exemptions for executive, administrative and professional employees differ from the FLSA's requirements. See Executive Employees, Administrative Employees and Professional Employees.
- There also are New York-specific requirements for other exemptions. See Outside Salespersons, Companions, Staff Counselors in Summer Camps, Farm Workers and Hospitality Workers.
- Where New York's requirements diverge from those in the FLSA, employers must comply with the requirements that favor their employees.