Overtime Regulations in New York State In Effect as of December 31, 2016

As we reported in New York Nonprofits' October Issue, federal overtime regulations are currently on hold while the U.S. District Court in Texas moves forward with the case. However, with three days' notice, on December 28, 2016, New York State Department of Labor (NYSDOL) finalized its own overtime rules, increasing salaries for administrative and executive work and the number of workers who will qualify for overtime pay.

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New Overtime Regulations ON HOLD

As you may have heard, a federal Judge has temporarily blocked the implementation of the new Overtime Final Rule, originally set to begin on December 1, 2016. In this case, the Judge found that the Department of Labor exceeded its authority in adding a salary test to the existing duties test when determining eligibility for overtime. Unless there is an emergency appeal, nonprofits should expect that the Rule will not go into effect as originally scheduled; however it is expected that the Department of Labor will appeal and that this appeal will be decided in the coming weeks or months.

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User Fee for 501(c)(3) Applications Lowered

Effective July 1st, 2016 the user fee to process FORM 1023-EZ (application for recognition of exemption under 501(c)(3) status) is lowered from $400 to $275.

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Facts About the New Overtime Rule and What You Need To Know

President Obama and Secretary Perez announced that the Department of Labor’s final rule on overtime under the Fair Labor Standards Act will automatically extend overtime pay eligibility to 4.2 million workers. The rule will entitle most salaried white collar workers earning less than $913 a week ($47,476 a year) to overtime pay.

Click here to view the NPCC Overtime Factsheet

Final D.O.L. Overtime Rule To Be Published May 18th

The U.S. Department of Labor has recently proposed regulatory changes that could dramatically expand the population of employees entitled to receive overtime pay.

OMB Guidance: Know your Rights

Each nonprofit needs to learn its rights and responsibilities under the Uniform Guidance and take positive steps to protect those rights. This document identifies the major changes in the Uniform Guidance related to cost allocation rules and payment of indirect costs.

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After FEGS...

HSC issues new report: Human Services Council’s New York Nonprofits in the Aftermath of FEGS: A Call to Action

Disclosures to Donors

NYS Assembly introduced bill A-3394 which would require charities disclose to donors in writing after donation as to how their donation was allocated – what portion went to administration and what to programs. This was introduced last session and didn’t move; it is being introduced again. Stay tuned for developments.