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Are you really exempt from overtime in New York? Salary thresholds and duties tests

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Not just because you're paid a salary. In New York, to be exempt from overtime as an executive or administrative employee, your actual main duties must meet the tests for those exemptions and your salary must be at least $1,275 a week in NYC, Long Island and Westchester or $1,199.10 a week in the rest of the state (2026). Professionals must meet a duties test and, under federal law, generally earn at least $684 a week. If you don't meet every part of a test, you're owed time and a half for hours over 40 — even with a salary and a manager title.

Read on for the details, the exceptions and the sources.

In plain words

Exempt
Not entitled to overtime pay because the job meets a legal exemption.
Salary basis
A fixed amount each pay period that isn't cut because of the quality or quantity of work; an exempt employee gets the full salary for any week with any work.
Primary duty
Your main, most important duty, judged by the job as a whole — not your title.
Misclassified
Treated as exempt (or as a contractor) when, under the law, you aren't.

The full answer

Both federal law and New York exempt bona fide executive, administrative and professional employees from overtime (Labor Law § 651(5); 29 U.S.C. § 213(a)(1)). The DOL usually applies New York's tests consistently with the federal ones. Every part of a test must be met.

Executive: primary duty is management of the enterprise; customarily and regularly directs the work of two or more full-time employees (or the equivalent); has authority to hire or fire, or recommendations on hiring, firing and promotion that carry particular weight; customarily and regularly exercises discretionary powers; and is paid on a salary basis at least at New York's threshold.

Administrative: primary duty is office or non-manual work directly related to management policies or general business operations; customarily and regularly exercises discretion and independent judgment; regularly and directly assists an owner or executive, or does specialized or technical work under only general supervision; and is paid a salary at least at the threshold.

Professional: primary duty requires advanced knowledge in a field of science or learning usually acquired by a prolonged course of specialized study (law, medicine, accounting, engineering, teaching, pharmacy and similar), or is original and creative work in a recognized artistic field; and requires consistent discretion and judgment. New York's professional-exemption guidance lists no salary test, but federal law generally requires at least $684 a week (except, for example, teachers and practicing lawyers and doctors).

Exceptions and special cases

  • Salary thresholds rise with the minimum wage. For 2026 the DOL lists $1,275.00 a week for executive and administrative employees in NYC, Nassau, Suffolk and Westchester, and $1,199.10 in the rest of the state.
  • Some workers who are exempt under federal law but not under New York law must still be paid overtime at 1.5 times the state minimum wage.
  • In the hospitality and building service industries, the DOL generally views an activity that takes 20% of an employee's duties as a primary duty.
  • Outside salespeople and taxicab drivers are also excluded from New York's overtime rules (§ 651(5)).
  • Exempt employees still get the rest of New York's protections: a pay notice, pay stubs, paid sick leave and prenatal leave, and protection from illegal deductions.

What to do now

  1. Compare your salary to the threshold

    If you're an executive or administrative employee paid less than $1,275 a week (NYC, Long Island, Westchester) or $1,199.10 (rest of state) in 2026, you are not exempt under New York law, whatever your title.

  2. Describe your real duties

    Write down what you actually spend your time on. 'Assistant manager' who mostly works the register, or an 'administrator' who mostly does data entry, may not meet the duties tests.

  3. Count your hours

    Keep a log of weekly hours. If you're not exempt, every hour over 40 is owed at time and a half; the regular rate is your salary divided by the hours the salary is meant to cover.

  4. Claim back pay

    Ask your employer in writing to reclassify you and pay back overtime. If not, file with the NYS Department of Labor or go to court; New York allows up to six years back in court (§ 663(3)).

Figures that change

  • NY exempt salary threshold (executive & administrative) — NYC, Nassau, Suffolk, Westchester: $1,275.00 a week (as of 2026-10-30; Minimum Wage Frequently Asked Questions)
  • NY exempt salary threshold (executive & administrative) — rest of state: $1,199.10 a week (as of 2026-10-30; Minimum Wage Frequently Asked Questions)
  • Federal exempt salary threshold (executive, administrative, professional): $684 a week (as of 2026-10-30; 29 C.F.R. § 541.600 — Amount of salary required (federal white-collar exemptions))

Frequently asked questions

My title is 'manager'. Does that make me exempt?

No. The tests look at your primary duty and, for executives, whether you regularly direct two or more full-time employees and have real input on hiring and firing, plus the salary threshold.

Can my employer dock my salary for a partial day off and still treat me as exempt?

Being on a salary basis means a predetermined amount that isn't reduced because of the quality or quantity of your work, and the full salary is paid for any week in which you do any work. Deductions that break that rule can put the exemption in question; ask the DOL about your situation.

What is the annual equivalent of New York's 2026 threshold?

$1,275 a week is $66,300 a year; $1,199.10 a week is $62,353.20 a year (52 weeks).

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.