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Federal Overtime Rules On Hold For Now; New York Proposed Increase Remains

Nov 29, 2016
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Last week, a federal judge in Texas issued a preliminary injunction enjoining the U.S. Department of Labor from implementing and enforcing the Final Overtime Rule issued last May.   This means that, at least for now, employers will not need to raise the minimum salary level to $913 per week ($47,476 per year) by December 1, 2016 in order to qualify for an exemption under the federal Fair Labor Standards Act.   
Other than the increased salary requirement which is now on hold, employers must continue to comply with the overtime provisions of the FLSA, as well as the current minimum salary requirement of $675 per week for exempt employees in New York State. The New York State Department of Labor also recently proposed an increase in the minimum salary threshold for exempt employees in New York State that, if finalized, will increase the minimum salary requirement to $727.50 per week for Upstate New York employers effective December 31, 2016, with annual increases that will ultimately set the minimum salary requirement in Upstate New York to $937.50 per week by December 31, 2020.

For assistance with these matters, please contact a member of our Employment practice. 

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full service law firm based in Rochester, New York, providing high quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.