New York EO 38: Historical Context
Executive Order 38 was a New York State framework that limited certain executive compensation and administrative expenses for covered state-funded service providers. Governor Kathy Hochul repealed EO 38 in its entirety through Executive Order 6 on October 8, 2021. The former thresholds and waiver framework on this page are retained only as historical context and are not current EO 38 compliance requirements.
Our Approach
JER HR Group supports New York nonprofits with current executive compensation benchmarking, governance documentation, and board-ready pay analysis. Because EO 38 was repealed in 2021, current engagements should be evaluated under the laws, regulations, funding terms, and tax or governance requirements that apply today.
Organizations that need broader salary benchmarking, pay structures, executive compensation, and governance support can explore JER HR Group’s compensation consulting for nonprofits.
- 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.
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