Is this role exempt from overtime?

Exempt status depends on three things: how the person is paid, how much, and what the job actually involves. Answer a few questions and get a plain-language screen against the federal tests and the salary levels of four states. Free, no signup, and your answers stay in your browser.

This is a screen, not legal advice or a final classification. Misclassifying an employee as exempt can mean back overtime pay, so have HR or employment counsel confirm anything that matters.

Job title (optional)Where does the employee work?

Which description best fits the employee's main job?

Executive (manages people)Runs a department or unit and directs other employees.Administrative (office or business operations)Office work that supports management or business operations and involves real judgment.Professional (advanced knowledge)Work that needs advanced knowledge in a field of science or learning, such as law, medicine, engineering, accounting, or teaching.Creative professionalWork that depends on invention, imagination, originality, or talent in an artistic field.Computer professionalSystems analysis, programming, or software design and development.Outside salesMaking sales or taking orders away from the employer's place of business.None of theseRoutine, clerical, production, or hands-on work, or a mix that doesn't fit above.

What this checks, and what it doesn't

Three tests, all required. For the executive, administrative, professional, and computer exemptions the employee must be paid a fixed salary, at or above the minimum level, and the main duties must meet the test for that exemption. Outside sales has no salary test. Meeting only one or two is not enough.

Salary levels used (reviewed October 2026). Federal: $35,568 a year ($684 a week). The 2024 federal increase was struck down and the Department of Labor restored the 2019 level in May 2026 (DOL Fact Sheet #17A, DOL announcement). Where a state's level is higher, the higher one is used:

California: twice the state minimum wage for full-time work ($70,304 a year, or $1,352 a week, in 2026). California DIR
Colorado: $1,111.23 a week ($57,784 a year) in 2026. Colorado CDLE
New York: $1,275 a week in New York City, Long Island and Westchester; $1,199.10 a week elsewhere (2026). New York State DOL
Washington: $1,541.70 a week in 2026 (rises in 2027). Washington L&I

Not covered. The highly compensated employee exemption, hourly computer employees, teachers, lawyers and doctors, industry exemptions, and the salary levels of states other than the four above. Several other states, such as Alaska and Maine, set their own levels.

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