Overtime Exemptions FLSA 2026 Eligibility Checker

How this calculation works

FLSA exemption requires passing three tests: (1) salary basis — paid a predetermined fixed salary; (2) salary level — at least $684/week ($35,568/year) as of May 15, 2026; and (3) duties — the actual job fits an exempt category.

The 2024 rule that raised the threshold to $844 and then $1,128/week was vacated by the U.S. District Court for the Eastern District of Texas on November 15, 2024, and formally rescinded by DOL technical amendment on May 15, 2026.

How this Overtime Exemptions FLSA works — 2026 guide

Overtime exemptions decide whether an employee is legally entitled to 1.5× pay past 40 hours — and it is one of the most misapplied areas of US payroll. Under the FLSA rule restored May 15, 2026, the white-collar exemption salary floor is $684/week ($35,568/year), with a $107,432 highly compensated employee cap. This 2026 overtime exemptions checker walks the salary-basis, salary-level, and duties tests so you get a clear exempt vs non-exempt answer without guessing.

How to use it in 3 steps

1. Enter the employee's weekly salary and confirm it is paid as a fixed predetermined amount (salary basis).
2. Check the salary level — under $684/week means non-exempt regardless of duties.
3. Answer the duties-test prompts (executive, administrative, professional, etc.) to confirm the exemption category.

Who this is for

Small-business owners classifying new hires, HR generalists, and employees double-checking whether they were correctly labeled exempt. Read the [exempt vs non-exempt guide](/blog/overtime-exempt-vs-non-exempt/) for the full legal backdrop and the [$684 weekly threshold explainer](/blog/684-weekly-exemption-salary-limit-full-explanation/).

Data sources & authoritative references

This calculator is built on official U.S. rules and published statistics. Key sources:

• eCFR 29 CFR Part 541 — Defining and Delimiting the Exemptions
• U.S. Department of Labor — Overtime Pay