Exempt vs. Non-Exempt; Minimum Wage Increases and NY State Salary Threshold Increase 2022
March 25, 2022

Updated 3/25/2022


This article explains how to pay employees, as well as the new minimum wage that went into effect back on 12/31/2021. Non-compliance with the information could lead to repercussions during a DOL audit.

 

The New York State Department of Labor late last year published final rule regarding the increased salary thresholds to be considered exempt from overtime as well as changes to the minimum wage schedule.
 
Under both federal and New York law, employers must pay non-exempt employees at least the minimum wage for each hour worked and 1.5 times their regular rate of pay whenever they work more than 40 hours in a workweek. While most employees must be classified as non-exempt, federal, and state law include exemptions from the minimum wage and overtime requirements for certain employees, including bona fide professional, administrative, and executive employees.
 
Remember, it is not enough to simply pay an employee what an “Exempt” employee is supposed to receive and expect that employee to be classified as EXEMPT. They have to meet the criteria:
 
•  Must be paid equal to the requirements set forth for the Exempt Qualifications (i.e. Administrative, Professional, Executive)
•  Paid on a Salary Basis (Paid a Salary each pay period regardless of the hours they work. * with limited exceptions)
•  Must meet the Job Duties Test for their position
 
If they do not meet ALL THREE of these criteria, then they can not be classified as exempt, and if an employer chooses to do so, an employer’s level of exposure to a Department of Labor Audit is greatly increased. The duties tests are further explained below.
 
Employees who meet the duties test under the Fair Labor Standards Act (FLSA) for executive and administrative exemptions must also meet the salary level requirements in New York in order to be exempt. New York’s exempt employee salary threshold will adjust annually in proportion to increases in the minimum wage. All rate changes will take effect on December 31st of each year.


Below is an overview of exemption tests under New York law.


Salary-Level Test (New York):


Administrative and Executive Exemptions:

For the administrative and executive exemptions, the minimum salary is 75 times the state minimum wage. The minimum salary differs based on where in the state the employee works.

 
Here are the minimum salary requirements currently in effect in New York:


NYC  $1125.00

Other NY counties (Outside of NYC)  $990.00
Remainder of Downstate (Nassau, Suffolk & Westchester counties)  $1125.00
As of 12/31/2021 – Other NY counties (Outside of NYC)  $990.00
As of 12/31/2021 – Remainder of Downstate (Nassau, Suffolk & Westchester counties)  $1,125.00


Professional Exemption:

For the professional exemption, there is no minimum salary requirement under NY State law, but the federal Fair Labor Standards Act (FLSA) has a minimum. In this case, most New York employers would be required to meet the FLSA's minimum salary requirement for the professional exemption (in addition to meeting the federal and state duties tests).
Currently, to qualify for the professional exemption under the FLSA, an employee must be paid a salary of at least $684.00 per week ($35,568 annually).
 

Salary-Basis Test:

New York generally follows federal rules for the salary-basis test. To qualify for the state and federal exemption, an employee must receive their full salary for any week in which they perform any work. Salary reductions are not permitted due to variations in the quality or quantity of the employee's work.


For exempt employees, salary deductions are limited to the following circumstances:

 

 • One or more full day absences for personal reasons other than sickness or disability.

 •  Absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness.
•  To offset jury or witness fees, or for military pay.
•  For penalties imposed in good faith for infractions of safety rules of major significance.
•  For unpaid disciplinary suspensions of one or more full days imposed in good faith for serious misconduct, such as sexual harassment, workplace violence, drug, or alcohol use, or for violations of state or federal laws. The suspension must be imposed pursuant to a written policy applicable to all employees.
•  In the employee's first or last week of employment if the employee does not work the full week; or
•  For unpaid leave taken by the employee under the Family and Medical Leave Act.
Under federal and state rules, deductions from exempt employees' salaries for any other reason are prohibited.
 

Duties Test (New York):

New York's duties tests vary for each exemption and are slightly different than the federal duties tests.
 

Administrative Exemption:

To qualify for the administrative exemption under New York law:

 

•  The employee's primary duty must involve performing office or non-manual work directly related to management policies or the employer's general operations.
•  The employee must regularly exercise discretion and independent judgment; and
•  The employee must:


o  Regularly and directly assist the employer or an employee employed in a bona fide executive or administrative capacity; or
o  Perform, under only general supervision, specialized or technical work requiring special training, experience, or knowledge.


NOTE: To see who typically falls under the Administrative Exemption, see the attached Administrative Exemption PDF

 

Professional Exemption:

To qualify for the professional exemption under New York law, the employee's primary duty must consist of performing work that requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study.


The employee's work must:


•  Require the consistent exercise of discretion and judgment.
•  Be predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work); and
•  Be of such a character that the output produced cannot be standardized in relation to a given period.
•  NOTE: To see who typically falls under the Professional Exemption, see the attached Professional Exemption PDF


Executive Exemption:

To qualify for the executive exemption under New York law the:


•  Employee's primary duty must consist of the managing a customarily recognized department or subdivision of the enterprise.
•  Employee must customarily and regularly direct the work of two or more other employees.
•  Employee must have the authority to hire or fire other employees, or their suggestions and recommendations will be given weight; and
•  Employee must customarily and regularly exercise discretionary powers.
•  NOTE: To see who typically falls under the Executive Exemption, see the attached Executive Exemption PDF


An employee's "primary duty" is generally defined as the principal, main, major, or most important duty that the employee performs. The determination of an employee's primary duty must be based on all the facts in a case, with the major emphasis on the character of the employee's job.


Conclusion:

Before classifying employees as exempt from overtime, make sure that the employee satisfies the salary-level, salary-basis, and duties tests under both federal and state law. If an employee is covered by both the federal and state law but does not meet both sets of tests, consult with counsel and/or a CPA to determine how you should classify the employee in that situation.

Also note as of 12/31/2021:

The NY State minimum wage for Long Island and Westchester counties will increase from $14.00 per hour to $15.00 per hour


*Annual increases for the rest of the state will continue until the rate reaches $15 minimum wage (and $10 tipped wage). Starting 2022, the annual increases will be published by the Commissioner of Labor on or before October 1. They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index.


The NY State minimum wage for counties outside of NYC will increase from $12.50 per hour to $13.20 per hour.

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Simco Insurance & Wealth Management’s 2025 Year in Review

January 7, 2026
At Simco Insurance & Wealth Management, 2025 was a year defined by refinement. Rather than chasing growth for growth’s sake, our focus was on designing better systems, improving the rhythm of our work, and removing friction from the moments that matter most to our clients. Every adjustment was made with one priority in mind: creating an experience that feels organized, responsive, and genuinely supportive for the individuals and families we serve. This recap highlights the operational progress and strategic shifts that shaped our year. For our clients, these efforts show up as clearer communication, smoother appointments, and more confident guidance. For those getting to know Simco Insurance & Wealth Management for the first time, it offers a look at how we’re intentionally preparing our team, tools, and processes to meet rising expectations with care and consistency. Designing Retention With Intention One of the most meaningful accomplishments this year was the development of an automated retention process focused on high-impact client touchpoints. By taking a closer look at recurring needs and communication patterns, the team built a system that strengthens relationships while reducing dependence on manual follow-up. This structure helps ensure consistency and follow-through, even during our busiest periods. As a result, we’re able to stay more connected, responsive, and proactive, reinforcing trust and delivering a more reliable client experience. A More Strategic Approach to AEP Planning Preparation for the Annual Enrollment Period (AEP) 2026 began earlier and more strategically than ever before. In September, the team launched a strategic early booking initiative, starting one full month ahead of the industry norm. The goal was twofold: maximize retention of existing clients while preserving capacity to support new business. The outcome exceeded expectations. More than 75% of existing clients were booked before AEP officially began , creating breathing room, reducing pressure, and allowing agents to focus fully on each client interaction. Just as importantly, this initiative produced a measurable, repeatable system that can be refined and reused for future AEP cycles. Visibility That Drives Accountability To support better planning and performance, the team developed a Book of Business Tracker that provides real-time visibility into client retention and new enrollments. This tool created clearer accountability for agent performance while also improving forecasting and decision-making throughout AEP. With better data came better conversations, better pacing, and more confident leadership. Communication and Automation That Protect Relationships Clear, timely communication is essential during periods of change. In 2025, the team produced and automated targeted emails for clients losing their plans, ensuring they were informed early and guided through next steps. These systems helped protect client relationships, reduce uncertainty, and reinforce Simco’s reputation for calm, proactive service, even in complex or time-sensitive situations. Reimagining the Client Appointment Experience Much of the year’s progress focused on improving the flow and efficiency of daily client interactions. The scheduling process was redesigned to eliminate bottlenecks, overlapping appointments, and unnecessary delays. The result was a smoother daily rhythm, shorter wait times, and a noticeably calmer office environment. Additional improvements included: Creating cubicle-based laptops to help clients complete CareValue forms efficiently Developing confirmation emails with embedded surveys so clients can submit doctors and medications in advance Tracking visits versus enrollments to ensure clients move fully through the process Together, these enhancements cut average appointment time by 50% , effectively doubling agent capacity while preserving quality and care. Strengthening Data Accuracy and Operational Support Behind the scenes, the team focused on maintaining clean, reliable data by entering missing client information and policy details on behalf of agents when needed. Repetitive processes were streamlined through automation and shared resources, reducing friction and freeing agents to focus on client relationships rather than administrative tasks. Every workflow was designed with scalability in mind: systems that can be replicated, measured, and improved year after year. Working on the Business, Not Just in It Throughout 2025, the Simco Insurance & Wealth Management team embraced the Traction principle of working on the business, not just in it. Continuous improvement, team empowerment, and thoughtful system design guided every decision. Each change reinforced Simco’s Core Values and Vision, ensuring that every client touchpoint reflects consistency, clarity, and care. Our Path Forward Into 2026 The work completed this year has created a stronger foundation for what’s next. With smarter systems, clearer data, and a more intentional client experience, we are positioned to serve individuals and families with even greater confidence in 2026 and beyond at Simco I&WM. Thank you to our clients for your trust, and to our team for the dedication and care that made this progress possible. We’re so proud of what we’ve built, and even more excited about where we’re headed! This year-in-review report was developed by Shena Edington-Bright, Team Lead at Simco Insurance & Wealth Management.

Simco’s 2025 Year in Review

January 5, 2026
As the business landscape continues to evolve, so does Simco. While 2025 may have looked like a year of quiet focus from the outside, it was anything but. Behind the scenes, our teams were strengthening the systems and structures that support our HCM / payroll, benefits, HR, retirement, and commercial insurance services, all with one goal in mind: to deliver a smoother, more dependable, and more proactive client experience. This recap offers a high-level look at what we’ve been building. If you're part of our existing client community, you’ll see how these investments enhance the service you receive every day. And for prospective partners and the broader market, consider this a window into how Simco is evolving to meet the growing expectations of the modern employer. A Stronger Foundation for the Future Much of our work throughout 2025 focused on reinforcing the operational backbone of Simco: the processes, tools, and training that enable our teams to support clients with consistency and confidence. We refined and standardized the core elements of our service model, including: Onboarding processes: creating a smoother, more predictable start for new clients by clarifying steps, responsibilities, timelines, and handoffs, ensuring everyone begins their Simco partnership with full visibility and support. Day-to-day service workflows: enhancing how requests are managed, tracked, and communicated so that clients experience faster responses, fewer delays, and a more proactive approach to problem-solving. Renewal experiences across multiple service lines: strengthening the structure behind annual renewals so they are more organized, timely, and transparent, with clearer communication and better preparation on both sides. By strengthening the infrastructure that supports every client interaction, we’re ensuring that growth never comes at the expense of quality. Communication That Sets Clear Expectations One of the most meaningful shifts this year came from improving the clarity and cadence of communication. Whether you're a current Simco client or exploring us as a potential partner, you’ll see a growing emphasis on: Setting expectations early: ensuring clients understand timelines, responsibilities, next steps, and key milestones upfront so there’s no confusion as projects or service requests move forward. Addressing issues proactively: identifying potential challenges before they surface, communicating them quickly, and offering solutions early to prevent disruptions. Creating more transparency in every interaction: providing clearer insights into processes, status updates, and decision-making so clients always know where things stand and what’s happening behind the scenes. This work helps eliminate surprises and creates a smoother, more predictable experience. Technology That Makes Service Smarter 2025 also brought strategic technology upgrades designed to improve accuracy, efficiency, and visibility. Some key milestones include: Expanded use of integrations and automations across platforms like isolved Enhanced reporting and improved data accuracy New tools to support onboarding, renewals, and Open Enrollment The build-out of our new CRM, rolling out internally to employees in January 2026 For our clients, this CRM will grow into a client-facing portal that ultimately brings our services together in one place. It will give you clearer visibility into service activity, smoother access to support, and a more connected experience across everything you work with us on. We’re genuinely excited about what this unlocks, not just in terms of upgrading technology, but in how it helps us close gaps, improve communication, and support you more seamlessly across all areas of your business. A More Coordinated Open Enrollment Season The Simco Benefits Team completed Open Enrollment two weeks faster than the previous year, thanks to strengthened planning, better communication, and tighter internal coordination. This improvement reflects our broader goal: to create processes that scale with growing demand while remaining predictable and client-centered. A Strategic Shift: Separating Our B2B and B2C Divisions In 2025, we completed the structural separation of our consumer-facing services, Simco Insurance & Wealth Management, from our core B2B operations. This was not simply an internal reorganization, but a strategic step toward honoring the very real differences between the needs of businesses and the needs of individuals and families. Employers require scalable systems, predictable processes, and deep operational support. Individuals, on the other hand, seek personalized guidance, protection, and long-term financial clarity. By creating space for each division to develop independently, we positioned both sides of our organization to serve their audiences with greater intention and expertise. As our service offerings have expanded, so has the complexity of the problems we solve. The separation enables our B2B team to focus fully on the demands of an employer environment, including compliance, data accuracy, HR workflows, benefits strategy, service scalability, and beyond. At the same time, the B2C division can continue developing its advisory capabilities, client education tools, and one-to-one support models. Both sides continue to share the same core values, high standards, and service philosophy, but each now has the room to innovate in ways that make the most sense for the communities they serve. We want to ensure that whether you’re engaging with Simco as an employer, or with Simco Insurance & Wealth Management as an individual or family, you’re connected to a team built specifically for your needs without losing the warmth, consistency, or integrity that define the Simco brand. Growing Without Losing What Makes Us, Us and What This Means for Those We Serve 2025 was a year of meaningful expansion for Simco through new partnerships and client relationships. But growth alone isn’t the metric we celebrate, it’s sustainable growth. Behind the scenes, we focused on building structure and scalability so that every new relationship receives the same level of attention and consistency our long-standing clients expect from us. Whether you're already part of the Simco family or seeing us for the first time, here’s what our 2025 investments translate to: More consistency in how we serve Greater proactivity in identifying and addressing issues Enhanced accuracy and efficiency throughout every process Improved capacity to support continued growth and complexity A stronger, smarter foundation for the years ahead To our current clients: thank you for trusting us with your business. Everything we built this year was designed to enhance the experience you rely on. To those learning about Simco for the first time: consider this a preview of the service structure we believe all employers should expect, both today and in the future. Looking Ahead to 2026 We’re entering the new year with momentum, clarity, and a renewed commitment to continuous improvement. The work we completed in 2025 positions us to deliver an even more streamlined, transparent, and dependable experience in 2026 and beyond. Thank you for being part of our journey and for giving us the opportunity to support yours. This year-in-review report was developed by Elisha Everson, Director of Operations at Simco.

IRS Mileage Rate Changes for 2026: What Employers Need to Know

January 5, 2026
As of January 1, 2026, the IRS mileage rate for business use officially increased. Understanding how the 2025 and 2026 rates differ, and how they apply to your organization, can help ensure compliance, accurate reimbursements, and clearer communication with employees. What Is the IRS Mileage Rate? The IRS mileage rate is a standardized per-mile amount used to calculate the deductible cost of driving for business, medical, or charitable purposes. For employers, the rate is most often used as a benchmark for reimbursing employees who use their personal vehicles for work. While private employers are not legally required to reimburse at the IRS rate, it is widely adopted because it: Provides a consistent and defensible reimbursement standard Simplifies expense reporting and payroll processing Helps avoid taxable income issues when reimbursements exceed IRS limits The IRS Mileage Rate Change for 2026 The IRS announced on December 29, 2025, that the standard mileage rate for business use increased for 2026, while the rate for medical use decreased slightly. 2026 IRS Mileage Rates Business use: 72.5 cents per mile Medical use: 20.5 cents per mile Charitable use: 14 cents per mile This represents a 2.5-cent increase for business miles compared to 2025. The IRS cited higher overall transportation costs, including fuel volatility, vehicle maintenance, insurance premiums, and depreciation, as key drivers of the increase. How the 2025 and 2026 Rates Compare For reference, here are the IRS mileage rates that applied during 2025: 2025 IRS Mileage Rates Business use: 70 cents per mile Medical use: 21 cents per mile Charitable use: 14 cents per mile To put the change into perspective: An employee who drove 10,000 business miles in 2025 could deduct or be reimbursed $7,000 That same mileage in 2026 equates to $7,250 While the difference may seem modest, it adds up quickly for organizations with sales teams, field employees, or frequent travel. What This Means for Employers For employers, the updated mileage rate affects more than just reimbursement amounts. It has implications for payroll accuracy, tax treatment, and employee expectations. Key considerations include: Reimbursement policies: If your organization uses the IRS rate, systems and policies should reflect the 2026 update. Tax compliance: Reimbursements above the IRS rate may be considered taxable income for employees. Budgeting and forecasting: Higher reimbursement rates can impact travel and operating expenses. Employee communication: Clear guidance helps avoid confusion when rates change year over year. Employers that rely on consistent processes and accurate data will find it easier to manage these changes smoothly. Are Employers Required to Reimburse at the IRS Mileage Rate? One of the most common questions employers have is whether they are legally required to reimburse employees at the IRS standard mileage rate. The short answer is no. The IRS mileage rate is not a mandate for private employers; it is a guideline used to determine how much mileage reimbursement can be treated as non-taxable. Employers are free to set their own reimbursement rates based on internal policy, budget considerations, or role-specific needs. That said, the IRS rate often serves as a practical benchmark. Reimbursing at or below the IRS rate allows employers to treat the reimbursement as non-taxable income for employees, provided proper documentation is maintained. If an organization chooses to reimburse above the IRS rate, the excess amount may need to be treated as taxable wages and included in payroll. Because of this, many employers adopt the IRS rate as a simple, defensible standard that balances fairness to employees with tax and compliance considerations. Why the IRS Adjusts the Mileage Rate Each Year The IRS calculates the standard mileage rate using nationwide cost data from the prior year. Factors considered include: Fuel prices Vehicle maintenance and repair costs Insurance premiums Depreciation and financing costs Broader transportation cost trends In recent years, rising vehicle ownership costs and inflation have pushed rates higher. The 2026 increase reflects continued pressure in those areas and is intended to better align the rate with real-world driving expenses. Best Practices for Managing Mileage Reimbursement To stay compliant and reduce administrative burden, employers should consider: Maintaining clear mileage reimbursement policies Requiring proper documentation of business purpose and mileage Using digital tools or systems that simplify tracking and reporting (such as GPS-based mileage tracking apps, expense reporting platforms, HCM technology with integrated reimbursement workflows, and mobile tools for real-time trip logging) Reviewing reimbursement rates annually to align with IRS updates Accurate mileage tracking not only supports compliance, but also protects both the employer and employee in the event of an audit. Final Thoughts Mileage rates will continue to change as transportation costs evolve. Staying informed, updating policies proactively, and ensuring systems are aligned helps employers avoid surprises and maintain trust with employees. If you have questions about how mileage reimbursement impacts payroll, tax treatment, or employee policies, Simco is here to help. You can click here to get in touch with one of our specialists today.

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