(c)
Employee also does not include any individual permitted to
work in, or as:
(1) an executive,
administrative or professional capacity:
(i)
executive.
Work in a bona fide executive capacity means work
by an individual:
(a) whose primary duty
consists of the management of the enterprise in which such individual is
employed or of a customarily recognized department or subdivision
thereof;
(b) who customarily and
regularly directs the work of two or more other employees therein;
(c) who has the authority to hire or fire
other employees or whose suggestions and recommendations as to the hiring or
firing and as to the advancement and promotion or any other change of status of
other employees will be given particular weight;
(d) who customarily and regularly exercises
discretionary powers; and
(e) who
is paid for his services a salary, inclusive of board, lodging or other
allowances and facilities, of at least the amounts listed below when working
in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$825.00 per week on and after December 31, 2016;
$975.00 per week on and after December 31, 2017;
$1,125.00 per week on and after December 31, 2018;
(ii) Small employers of 10 or
fewer employees:
$787.50 per week on and after December 31, 2016;
$900.00 per week on and after December 31, 2017;
$1,012.50 per week on and after December 31, 2018;
$1,125.00 per week on and after December 31, 2019;
(2) Remainder of
downstate (Nassau, Suffolk and Westchester counties):
$750.00 per week on and after December 31, 2016;
$825.00 per week on and after December 31, 2017;
$900.00 per week on and after December 31, 2018;
$975.00 per week on and after December 31, 2019;
$1,050.00 per week on and after December 31, 2020;
$1,125.00 per week on and after December 31, 2021;
(3) Remainder of state (outside of
New York City, Nassau, Suffolk and Westchester counties)
$727.50 per week on and after December 31, 2016;
$780.00 per week on and after December 31, 2017;
$832.00 per week on and after December 31, 2018;
$885.00 per week on and after December 31, 2019;
$937.50 per week on and after December 31, 2020;
$990.00 per week on and after December 31, 2021;
$1,064.25 per week on and after December 31, 2022.
(ii)
administrative. Work in a
bona fide administrative capacity
means work by an individual:
(a) whose primary
duty consists of the performance of office or non-manual field work directly
related to management policies or general operations of such individual's
employer;
(b) who customarily and
regularly exercises discretion and independent judgment;
(c) who regularly and directly assists an
employer, or an employee employed in a bona fide executive or administrative
capacity (e.g., employment as an administrative assistant); or
who performs under only general supervision work along specialized or technical
lines requiring special training, experience or knowledge; and
(d) who is paid for his services a salary,
inclusive of board, lodging or other allowances and facilities, of at least the
amounts listed below when working in:
(1) New
York City for:
(i) Large employers of 11 or
more employees:
$825.00 per week on and after December 31, 2016;
$975.00 per week on and after December 31, 2017;
$1,125.00 per week on and after December 31, 2018;
(ii) Small employers of 10 or
fewer employees:
$787.50 per week on and after December 31, 2016;
$900.00 per week on and after December 31, 2017;
$1,012.50 per week on and after December 31, 2018;
$1,125.00 per week on and after December 31, 2019;
(2) Remainder of
downstate (Nassau, Suffolk and Westchester counties):
$750.00 per week on and after December 31, 2016;
$825.00 per week on and after December 31, 2017;
$900.00 per week on and after December 31, 2018;
$975.00 per week on and after December 31, 2019;
$1,050.00 per week on and after December 31, 2020;
$1,125.00 per week on and after December 31, 2021;
(3) Remainder of state (outside of
New York City, Nassau, Suffolk and Westchester counties)
$727.50 per week on and after December 31, 2016;
$780.00 per week on and after December 31, 2017;
$832.00 per week on and after December 31, 2018;
$885.00 per week on and after December 31, 2019;
$937.50 per week on and after December 31, 2020;
$990.00 per week on and after December 31, 2021;
$1,064.25 per week on and after December 31, 2022.
(iii)
professional. Work in a
bona fide professional capacity means
work by an individual:
(a) whose primary duty
consists of the performance of work:
(1)
requiring knowledge of an advanced type in a field of science or learning
customarily acquired by a prolonged course of specialized intellectual
instruction and study, as distinguished from a general academic education and
from an apprenticeship, and from training in the performance of routine mental,
manual or physical processes; or
(2) original and creative in character in a
recognized field of artistic endeavor (as opposed to work which can be produced
by a person endowed with general manual or intellectual ability and training),
and the result of which depends primarily on the invention, imagination or
talent of the employee; and
(b) whose work requires the consistent
exercise of discretion and judgment in its performance; or
(c) whose work is predominantly intellectual
and varied in character (as opposed to routine mental, manual, mechanical or
physical work), and is of such a character that the output produced or the
result accomplished cannot be standardized in relation to a given period of
time;
(2) an
outside salesperson. The term
outside salesperson means an
individual who is customarily and predominantly engaged away from the premises
of the employer and not at any fixed site and location for the purpose of:
(i) making sales; or
(ii) selling and delivering articles or
goods; or
(iii) obtaining orders or
contracts for service or for the use of facilities;
(3) a golf caddy. This exclusion shall not be
deemed to exclude caddies from another minimum wage order which covers such
employees;
(4) a camper worker. A
camper who works no more than four hours a day for a children's camp and at all
other times enjoys the same privileges, facilities and accommodations as a
regular camper in such camp shall be known as a camper worker
and shall not be an employee within the meaning of this Part;
(5) spa and bath workers employed by
concessionaires in hotels or by spas and baths operated independently of
hotels, who shall be covered under another minimum wage order. Spa and bath
workers employed by hotels are employees under this Part;
(6) staff counselors in children's camps:
(i) a staff counselor is a
person whose duties primarily relate to the guidance, instruction, supervision
and care of campers in children's camps, whether such work involves direct
charge of, or responsibility for, such activities, or merely assistance to
persons in charge. The term staff counselor includes, but is
not limited to: head counselor, assistant head counselor, specialist counselor
or instructor (such as swimming counselor, arts and crafts counselor, etc.),
group or division leader, camp mother or father, supervising counselor, senior
counselor, counselor, general counselor, bunk counselor, assistant counselor,
co-counselor, junior counselor, and counselor aide;
(ii)
children's camp means
any establishment which, as a whole or part of its business activities, is
engaged in offering for children, on a resident or nonresident basis,
recreational programs of supervised play or organized activity in such fields
as sports, nature lore, and arts and crafts, whether known as camps, play
groups, play schools, or by any other name. The term children's
camp does not include an establishment which is open for a period of
more than 17 consecutive weeks during the year.
