We thought it might be a good time to reiterate that the proposed Department of Labor overtime exemption threshold, which was increased to $35,308 just over one month ago, is not the operable threshold in New York – and some other states (California in particular) as well. Employers in New York are subject to the state’s overtime threshold limits – and those thresholds are much higher than the recently proposed new federal limit. Furthermore, geographic considerations are taken into account in calculating the New York thresholds as well as the number of workers a business may employ.  The current overtime threshold for large employers in New York City is $58,500, while those NYC businesses with 10 or fewer employees must pay overtime on wages less than $52,550 annually – a number that is increasing to $58,500 on December 31 of this year. Likewise, in the counties of Nassau, Suffolk and Westchester, the overtime threshold is currently $46,800, but jumps to $50,700 on 12/31/19, then to $54,600 in 2020 and the same $58,500 in 2021. The threshold for employers in the rest of the state is $43,264, rising to $46,020 in December and $48,750 in 2020. Note all of these amounts are higher than the proposed new federal threshold. Small business owners are encouraged to check with legal counsel to determine the correct threshold in your state.