FLSA Overtime Exemption Checker
Are you entitled to overtime pay? Answer a few questions about how you're paid and what you do, and this tool will walk you through the federal three-part test.
How Are You Paid?
Weekly Salary
If paid biweekly, divide by 2. If paid monthly, multiply by 12 and divide by 52.
Total Annual Compensation
Include salary, commissions, and non-discretionary bonuses.
Primary Job Duties
State
What This Means for You
Track Your Hours and Overtime
Hours44 logs your shifts, flags overtime automatically, and shows your real take-home pay.
State Salary Thresholds for Overtime Exemption (2026)
Most states follow the federal threshold of $684 per week. These seven jurisdictions set the bar higher, and your employer must meet whichever threshold is greater.
| State | Weekly Threshold | Annual Equivalent | vs. Federal |
|---|---|---|---|
| Federal (all other states) | $684 | $35,568 | Baseline |
| Maine | $871.16 | $45,300 | +27% |
| Colorado | $1,111.23 | $57,784 | +62% |
| Alaska (eff. July 1) | $1,120 | $58,240 | +64% |
| New York (rest of state) | $1,199.10 | $62,353 | +75% |
| New York (NYC metro) | $1,275 | $66,300 | +86% |
| California | $1,352 | $70,304 | +98% |
| Washington | $1,541.70 | $80,168 | +125% |
The Three-Part Exemption Test
Under the Fair Labor Standards Act, you're only exempt from overtime if you pass all three parts of the test at the same time:
- Salary basis: You receive a fixed, predetermined amount each pay period that doesn't change based on hours worked or the quality of your work. Hourly workers fail this test (except computer employees paid $27.63+/hr).
- Salary level: Your weekly salary meets or exceeds the applicable threshold ($684/week at the federal level, or your state's higher threshold).
- Job duties: Your primary duties match one of the FLSA's recognized exemption categories: executive, administrative, learned professional, creative professional, computer employee, or outside sales.
Your job title alone does not determine your status. A "manager" who spends most of the day stocking shelves likely does not meet the executive duties test, regardless of what their title says.
Exemption Categories at a Glance
| Category | Salary Required? | Key Duties Requirement |
|---|---|---|
| Executive | $684/wk | Manage a department, supervise 2+ employees, hiring authority |
| Administrative | $684/wk | Office work with discretion and independent judgment on significant matters |
| Learned Professional | $684/wk | Advanced degree required (law, medicine, engineering, accounting) |
| Creative Professional | $684/wk | Invention, originality in an artistic or creative field |
| Computer Employee | $684/wk or $27.63/hr | Systems analysis, programming, software engineering |
| Outside Sales | None | Primary duty is making sales away from employer's location |
| HCE | $107,432/yr | Office work plus at least one exempt duty |
| Teacher | None | Teaching at an educational establishment |
What to Do If You Think You're Misclassified
If your employer labels you as exempt but your actual duties don't match any exemption category, you may be entitled to back overtime pay. Here's what you can do:
- Document your duties: Keep a record of what you actually do each day, not what your job description says.
- Compare against the tests: Use this checker and the DOL's Fact Sheet #17A to see where your situation falls.
- Talk to HR: Some misclassifications are honest mistakes. Raising the issue internally can resolve it quickly.
- File a complaint: If needed, the DOL Wage and Hour Division accepts complaints confidentially. The statute of limitations is 2 years (3 years for willful violations).
Frequently Asked Questions
Common questions about FLSA overtime exemption rules
What is the FLSA overtime exemption?
The Fair Labor Standards Act requires employers to pay overtime (1.5x your regular rate) for hours worked over 40 per week. Certain employees are "exempt" from this requirement if they meet specific salary and job duties tests.
What is the federal salary threshold for 2026?
The federal salary threshold is $684 per week ($35,568 per year). The DOL's 2024 proposed increase to $1,128/week was vacated by a federal court in November 2024, reverting the threshold to the 2020 level.
Can my employer make me exempt just by paying me a salary?
No. Being paid a salary is necessary but not sufficient. You must also earn at least the minimum salary threshold AND your primary job duties must meet one of the recognized exemption categories.
What should I do if I think I'm misclassified?
Document your actual job duties and hours worked. Compare them against the FLSA duties tests. You can file a complaint with the DOL's Wage and Hour Division or consult an employment attorney. Misclassified employees may be entitled to back pay for up to 2-3 years.
Does my state have a higher salary threshold?
Six states exceed the federal threshold in 2026: Washington ($1,541.70/wk), California ($1,352/wk), New York ($1,199-$1,275/wk), Colorado ($1,111.23/wk), Alaska ($1,120/wk effective July 2026), and Maine ($871.16/wk). Employers must meet whichever threshold is higher.
Are computer programmers automatically exempt?
No. Computer employees must meet specific duties tests (systems analysis, software design, or program creation/modification). IT help desk support, hardware repair, and manufacturing workers generally do not qualify.
Can hourly employees ever be exempt?
With one exception: computer employees paid at least $27.63 per hour may qualify under Section 13(a)(17) if they also meet the duties test. All other exemption categories require salary or fee-basis pay.
What is the Highly Compensated Employee exemption?
Employees earning $107,432 or more per year (including at least $684/week in salary) qualify for a relaxed duties test. They only need to perform one exempt duty on a regular basis, rather than meeting the full test for a specific category.
Need More Than a Quick Calculation?
Hours44 tracks your shifts, calculates overtime automatically, and shows your real take-home pay.