N.Y.C. Admin. Code § 20-1263: § 20-1263 Exemptions.

The provisions of this subchapter do not:

a. Apply to any employee who:

1. Is covered by a valid collective bargaining agreement if such agreement (i) expressly waives the provisions of this subchapter and (ii) addresses temporary changes to work schedules;

2. Is employed by any employer whose primary business for which that employee works is the development, creation or distribution of theatrical motion pictures, televised motion pictures, television programs or live entertainment presentations, except for an employee whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers and except for an employee whose primary duty is performing routine mental, manual, mechanical or physical work in connection with the care or maintenance of an existing building or location used by the employer; or

3. Works fewer than 80 hours in the city in a calendar year.

b. Preempt, limit or otherwise affect the applicability of any provisions of any other law, regulation, requirement, policy or standard, other than a collective bargaining agreement, that provides comparable or superior benefits for employees to those required herein.

(L.L. 2018/069, 1/19/2018, eff. 7/18/2018; Am. L.L. 2025/145, 10/25/2025, eff. 2/22/2026)