Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 to $1,300 per week. The legislation is significant for New York employers, as it affects wage protections that are only available to “clerical and other workers,” such as being subject to mandatory direct deposit. In addition, employers who fail to pay wages within 30 days for “clerical and other worker[s]” can be found guilty of a misdemeanor. The law will take effect on March 13, 2024. Beginning on that date, workers must be paid in excess of $1,300 per week to be categorized as a bona fide executive, administrative or professional employee. Employers should review and revise, as needed, their job descriptions and classifications in light of the new legislation. Should you need any assistance or have any questions relating to the law, please contact Ali Law Group. HRtelligence (www.HRtelligence.com), a dynamic labor and employment content provider, provides actionable information and real-world strategies including employment trends, insights, practical guidance, and strategies, created and curated by practicing attorneys on a wide range of topics, from Discrimination/EEO to Wage & Hour.
