New York EO 38
New York Executive Order 38 establishes limits on executive compensation and administrative expenses for entities that receive state funds directly or indirectly. The order applies to a nonprofit that receives an average of more than $500,000 per year from a New York State agency when that funding constitutes 30% or more of the organization's total state funding. In general, an executive's total compensation is limited to $199,000 when paid from state funds.
An organization can pay compensation in excess of $199,000 only if they:
- Obtain a waiver from the state.
- The compensation is equal to or less than the 75th percentile of compensation paid to comparable executives in similar organizations.
- The compensation was reviewed and approved by the Board of Directors.
Our Approach
JER HR Group specializes in New York EO 38 analysis. Having conducted hundreds of reviews for New York clients, the team follows a defined process designed to provide an in-depth analysis with reliability and transparency.
Our NY Executive Order 38 review process includes:
- Assistance in identifying "covered executives" who may be subject to EO 38.
- Determination of special skills, abilities, and unique qualifications that may affect how a covered executive's compensation should be positioned in relation to the competitive market.
- Identification of peer organizations that are comparable to the client organization to ensure compensation decisions reflect the competitive market and comply with NYS regulatory requirements.
- Conducting an in-depth comparability study to determine if the executive compensation provided to a covered executive exceeds the statutory limit, and if so, whether it meets safe harbor provisions.
- Providing information to assist the organization in completing the application for waiver on the executive compensation limit, if needed.
Executive compensation
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