Calculator / Exempt vs nonexempt
Classification
Exempt vs nonexempt
Overtime is the default. Exemption is the exception. A job title and a salary are not enough.
Nonexempt is the FLSA baseline
If you are covered and not exempt, hours over 40 in a workweek are due at no less than 1.5× the regular rate. Most hourly jobs are nonexempt. Salaried jobs can be nonexempt too. OTPayUS is built for that nonexempt math — see the overtime calculator.
The white-collar exemption in brief
Section 13(a)(1) of the FLSA lets employers treat certain executive, administrative, professional, outside sales, and some computer employees as exempt from minimum wage and overtime. For most of those roles the employee must meet:
- A salary-basis test (paid a predetermined salary not docked for quality or quantity of work, with narrow exceptions).
- A salary-level test (a minimum weekly amount set in the regulations).
- A duties test (the work actually performed, not the business card).
Outside sales employees, teachers, lawyers, and doctors have special rules. Some computer employees can be exempt if paid at least $27.63 an hour instead of a salary. Confirm current figures on the DOL earnings threshold page.
Federal salary level (as restored in 2026)
A 2024 DOL rule that would have raised the standard salary level was vacated in federal court. In May 2026 the Department published a technical amendment restoring the 2019 regulation text. The operative federal figures to check first are:
| Test | Federal amount |
|---|---|
| Standard salary level | $684 per week ($35,568 a year) |
| Highly compensated employee total annual compensation | $107,432, including at least $684 a week on a salary or fee basis |
| Hourly computer employee alternative | $27.63 per hour |
Those dollars can change again. States such as California and New York use higher salary thresholds. Always re-read the DOL page and the state labor department before calling someone exempt.
Duties, not vibes
An “executive” who does not supervise two or more employees and does not have genuine management as a primary duty is probably not an exempt executive. An “administrator” who performs routine production or customer work is probably not an exempt administrative employee. Paying someone a salary of $684 a week does not finish the analysis.
The highly compensated shortcut still requires office or non-manual work and at least one exempt duty performed customarily and regularly. It is not a free pass for every high earner.
What this site will not do
OTPayUS will not tell you that a job is exempt. If you are unsure, ask payroll, read DOL Fact Sheets 17A–17G, or call Wage and Hour at 1-866-4-US-WAGE. Misclassification is a common overtime dispute. The calculator still helps you price the hours if the answer is nonexempt.