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

Summary

• 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 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, Hospitality Workers and Farm Workers.
• Localities including Nassau County, New York City, Suffolk County and Westchester County have requirements pertaining to employee classification. See Local Requirements.