FLSA Overtime Exemption Checker
Determine if a position is likely exempt or non-exempt from overtime under the Fair Labor Standards Act.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Key facts
- Standard salary level
- $684/week ($35,568/year) — the 2019 level currently in effect after a court vacated the 2024 increase
- Highly compensated employee
- $107,432 in total annual compensation
- Overtime rate
- 1.5× the regular rate for hours over 40 in a workweek
- Tests to qualify as exempt
- Salary basis + salary level + duties (all three must be met)
- Common exemption categories
- Executive, administrative, professional, computer, outside sales
What is an FLSA overtime exemption?
The Fair Labor Standards Act (FLSA) requires most employees to be paid at least 1.5 times their regular rate for hours worked over 40 in a workweek. Employees who are "exempt" from this rule are not owed overtime; employees who are "non-exempt" are.
To be exempt under one of the white-collar exemptions, a position must satisfy three tests: it must be paid on a salary basis, that salary must meet the federal threshold, and the role's primary duties must fit an exemption category (executive, administrative, learned or creative professional, computer, or outside sales). Failing any one of the three makes the position non-exempt.
The salary threshold has been in flux: a 2024 Department of Labor rule raised it, but a federal court vacated that rule in late 2024, reverting the standard level to $684 per week. Several states (such as California, New York, and Washington) set higher salary thresholds and stricter duties tests, so always apply the more protective standard.
How to use this tool
- 1
Enter the guaranteed weekly salary
Provide the position's fixed weekly salary paid on a salary basis.
- 2
Check the salary level
Confirm the salary meets the current federal threshold of $684/week — and your state's threshold if it is higher.
- 3
Apply the duties test
Identify whether the role's primary duties match an exemption category such as executive, administrative, or professional.
- 4
Review the result
See whether the position is likely exempt, non-exempt, or borderline enough to warrant legal review.
- 5
Document and re-check
Keep a written exemption analysis and re-run it whenever pay or duties change.
Common mistakes to avoid
- Assuming a salary or job title alone makes someone exempt — only the duties test decides the substance.
- Paying below the salary threshold while still treating the role as exempt.
- Applying the administrative exemption to routine clerical work that lacks discretion and independent judgment on significant matters.
- Making improper deductions from an exempt employee's salary, which can defeat the salary-basis test.
- Ignoring stricter state rules, such as California's higher salary threshold and quantitative duties test.
What to do next
- If the role is non-exempt, track hours accurately and pay overtime at 1.5× the regular rate.
- If the role is exempt, keep a written exemption analysis on file.
- If the result is borderline, consult an employment attorney before classifying.
- Re-audit classifications annually and whenever the salary threshold changes.
- If the worker might be a contractor, run the Employee Classification Checker as well.
Sources
Frequently asked questions
What is the FLSA salary threshold for exempt employees in 2026?
The federal standard salary level is $684 per week ($35,568 per year) after a court vacated the 2024 increase. Several states require more, so verify the current figure with the Department of Labor and your state agency.
Does a salaried employee automatically qualify as exempt?
No. Exemption requires meeting the salary-basis test, the salary-level test, and a duties test. A salary or job title alone is never enough.
What are the white-collar exemptions under the FLSA?
Executive, administrative, learned or creative professional, computer, and outside sales employees, each with specific duties requirements under 29 CFR Part 541.
Who is a highly compensated employee (HCE)?
An employee earning at least $107,432 in total annual compensation who customarily performs at least one exempt duty qualifies under the relaxed HCE duties standard.
How is overtime calculated for non-exempt employees?
At least 1.5 times the regular rate of pay for every hour worked over 40 in a workweek.
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