As we kick off 2026, it is an important reminder for employers that New York is a hotbed for wage-hour issues.
[New York employers should expect heightened scrutiny of their wage-and-hour policies in 2026.]
As we kick off 2026, it is an important reminder for employers that New York is a hotbed for wage-hour issues. The Eastern and Southern Districts of New York consistently see more cases asserting claims under the Fair Labor Standards Act (FLSA) than any other federal court. See here. In 2025 alone, more than 600 wage-and-hour cases were filed in New York State courts. While the New York Labor Law (NYLL) and its implementing regulations mirror the FLSA in certain respects, they differ in important ways. Below are some of the most frequent wage-and-hour issues employers should keep in mind.
Minimum Wage and Overtime Exemptions
Minimum wage is set at $7.25 per hour under the FLSA. As explained here, New York requires that non-exempt employees be paid at least $17.00 per hour for those based in New York City, Long Island, or Westchester, and $16.00 per hour for employees in the rest of the state.
The New York Department of Labor (NYDOL) has also set the salary threshold for the executive and administrative exemptions at $1,275 per week for employees in New York City, Long Island, or Westchester, and $1,199.10 per week for employees elsewhere in the state. Currently, New York does not impose a salary threshold for the professional exemption, leaving the FLSA's requirement of...
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