FLSA overtime eligibility determines whether an employee must receive 1.5x their regular pay for hours worked over 40 per week. Employees are either "non-exempt" (entitled to overtime) or "exempt" (not entitled). To be exempt, an employee must meet BOTH a salary level test and a duties test. Misclassification can result in 2-3 years of back overtime, doubled as liquidated damages, plus attorney fees. This tool provides general information only, not legal advice. Consult a licensed attorney for legal guidance specific to your situation.
Salary Level Test
Duties Test — Select the Best Match
Select the exemption category that best describes the employee's primary job duties. The employee must meet ALL criteria for that category.
Overtime Eligibility Result
How the FLSA Overtime Exemption Tests Work
The Fair Labor Standards Act requires most US employers to pay eligible employees at least 1.5x their regular rate for hours worked over 40 in a workweek. The exemptions are narrow — misclassification is one of the most common and costly wage-and-hour violations.
The Three-Part Test for White-Collar Exemptions
To qualify for any of the five white-collar exemptions (Executive, Administrative, Professional, Computer, Outside Sales), an employee must meet three requirements: (1) the salary basis test — paid on a salary basis, not by the hour; (2) the salary level test — earn at least $684/week ($35,568/year) in 2026; and (3) the duties test — primary job duties meet the specific requirements for that exemption category. ALL three must be satisfied.
The Executive Exemption
Executive exemption applies to managers who: have management as their primary duty, regularly direct the work of two or more full-time employees (or their equivalent in part-time hours), and have genuine authority over hiring, firing, or advancement decisions. A "supervisor" who merely assigns tasks but has no real hiring/firing authority likely fails the duties test — job title doesn't matter, only actual duties.
The Administrative Exemption Is Often Misapplied
The administrative exemption requires: office or non-manual work directly related to management or general business operations, AND the exercise of discretion and independent judgment on significant matters. Routine clerical work (data entry, answering phones, filing) even if "administrative" in title does NOT qualify. The "independent judgment" requirement means making real decisions, not just following procedures. A customer service rep who follows a script doesn't qualify.
State Law May Be Stricter
California, Alaska, and other states have higher salary thresholds and stricter duties tests. California's exempt salary is $66,560/year (2024 for small employers) — nearly double the federal threshold. New York has different thresholds by region ($1,200+/week in NYC). Always check the applicable state law in addition to FLSA. When state law provides greater protection to employees, state law controls.
FAQ
Is this overtime eligibility checker free?
Yes, completely free with no signup required. This tool provides general information only, not legal advice. Consult a licensed attorney for legal guidance specific to your situation.
What is the FLSA overtime salary threshold in 2026?
Under the 2024 DOL rule (effective July 1, 2024), the salary threshold for overtime exemption is $684/week ($35,568/year). Highly Compensated Employees (HCE) threshold is $132,964/year. These thresholds were set to increase again in January 2025 to $1,128/week ($58,656/year), but court challenges may affect implementation. Always check current DOL guidance.
If an employee earns above the salary threshold, are they automatically exempt?
No — the salary threshold is a minimum requirement, not a sufficient condition. An employee must BOTH earn above the threshold AND meet the duties test for the applicable exemption category (executive, administrative, professional, computer, or outside sales). An employee earning $50,000/year who does purely routine data entry work likely fails the administrative duties test and remains non-exempt.
What are the main FLSA overtime exemptions?
The five main FLSA white-collar exemptions are: Executive (manages a department, directs 2+ employees, has authority over hiring/firing), Administrative (office work, exercises independent judgment on significant matters), Professional (advanced knowledge in specialized field, usually requires advanced degree), Computer (systems analysts, programmers, software engineers earning $684+/week), and Outside Sales (primary duty is making sales away from employer's place of business).
Can an employer just pay a salary to avoid overtime?
No — salary alone doesn't exempt an employee from overtime. The 'salary basis' test (paid a predetermined amount not subject to reduction for quality/quantity of work) plus the 'salary level' test ($684+/week) plus the 'duties test' must all be met. Employers who misclassify employees as exempt face significant liability: 2-3 years of unpaid overtime, doubled as 'liquidated damages' (effectively double back pay), plus attorney fees.
Does FLSA overtime apply to all workers?
FLSA overtime (1.5x for 40+ hours/week) applies to covered non-exempt employees. Some categories have different rules: farmworkers, motor carrier employees, railroad workers, and airline employees have separate rules. State laws may provide additional overtime protections beyond FLSA — California requires daily overtime (1.5x after 8 hours/day, 2x after 12 hours/day) in addition to weekly overtime.