Exempt Salary Threshold 2026
Last updated: · For workers, HR managers, and employers checking overtime-exemption eligibility · Source: US Department of Labor
An "exempt" employee is a salaried worker who, by law, isn't entitled to overtime pay for hours worked beyond 40 in a week. Whether that applies to you (or someone you employ) comes down to a federal law called the Fair Labor Standards Act (FLSA), which sets both a minimum salary and a "duties test" based on actual job responsibilities. This page checks the salary side of that test.
Federal FLSA · White-Collar Exemption
$35,568/year minimum, plus duties test
Exempt Salary Checker
Enter a weekly salary and select a state to instantly check whether that salary meets the minimum threshold required for FLSA white-collar overtime exemption. A pass here means the salary test is met, but it does not by itself confirm the employee also passes the required duties test (see below).
Under the FLSA white-collar exemption, an employee must clear both a minimum salary threshold and a duties test to be exempt from overtime — meeting only one of the two is not enough.
Exempt threshold for Alabama: $684.00/week ($35,568.00/year), following the federal FLSA threshold.
Exempt status check
PASS: Meets threshold
$1,000.00/week vs. required $684.00/week ($52,000.00/year vs. $35,568.00/year)
The Federal FLSA Salary Threshold
To qualify for the FLSA "white-collar" exemption from overtime pay (covering executive, administrative, and professional employees), a salaried worker must earn at least $684/week ($35,568/year) in 2026. Employees paid less than this threshold generally must receive overtime pay for hours worked beyond 40 in a workweek, regardless of job title, and regardless of whether their duties would otherwise fit an exempt category.
States With a Higher Exempt Salary Threshold
6 states set their own exempt salary threshold above the federal floor. Employers with workers in these states must apply the higher state number: the federal threshold only applies as a floor, never a ceiling.
| State | Weekly Threshold | Annual Threshold | vs. Federal |
|---|---|---|---|
| California | $1320.00/wk | $68,640/yr | +$636.00/wk |
| Connecticut | $1320.00/wk | $68,640/yr | +$636.00/wk |
| New York | $1200.00/wk | $62,400/yr | +$516.00/wk |
| Washington | $1155.58/wk | $60,090/yr | +$471.58/wk |
| Colorado | $1057.69/wk | $55,000/yr | +$373.69/wk |
| Alaska | $1040.00/wk | $54,080/yr | +$356.00/wk |
All other states follow the federal $$684/week threshold for the white-collar exemption.
The Duties Test: Salary Alone Isn't Enough
Meeting the salary threshold is a necessary condition for the white-collar exemption, but it is not sufficient on its own. The employee's actual day-to-day responsibilities must also satisfy one of the FLSA's duties tests:
| Exemption | Core Duties Requirement |
|---|---|
| Executive | Primary duty is managing the business or a department; regularly directs at least 2 full-time employees; has real authority over hiring/firing decisions. |
| Administrative | Primary duty is office/non-manual work related to management or business operations, involving the exercise of discretion and independent judgment on significant matters. |
| Professional | Primary duty requires advanced knowledge in a specialized field acquired through prolonged education ("learned"), or invention/originality in a recognized creative field ("creative"). |
| Outside Sales | Primary duty is making sales or obtaining orders away from the employer's place of business; no minimum salary requirement applies to this category. |
A job title like "manager" or "coordinator" carries no legal weight on its own: what matters is what the employee actually does most of the time, not what their offer letter calls them.
Common Misclassification Mistakes
- Relying on job title alone: calling someone a "manager" without verifying they actually supervise at least two full-time employees and have real hiring/firing authority.
- Missing a higher state threshold: paying the federal $684/week minimum in a state that requires more, which invalidates the exemption for that employee.
- Improper salary deductions: docking an exempt employee's pay for a partial-day absence or short-term disciplinary suspension in a way that violates the "salary basis" requirement, which can jeopardize the exemption for that employee and others in the same job classification.
- Overusing the administrative exemption: applying it to employees who mostly follow detailed scripts or procedures rather than exercising genuine discretion and independent judgment.
- Ignoring the duties test entirely: assuming that paying above the salary threshold is sufficient by itself, without confirming the role fits an exempt category.
- Not reviewing classifications after a raise or role change: a promotion that increases salary doesn't automatically satisfy the duties test if actual responsibilities haven't changed.
Frequently Asked Questions
To qualify for the FLSA "white-collar" overtime exemption (executive, administrative, or professional employees), a salaried worker must earn at least $684/week ($35,568/year) in 2026 and satisfy the applicable duties test. Falling below this salary means the employee cannot be exempt on salary alone, regardless of job title or duties.
6 states set an exempt salary threshold above the federal $684/week floor: California ($1320/wk), Connecticut ($1320/wk), New York ($1200/wk), Washington ($1156/wk), Colorado ($1058/wk), Alaska ($1040/wk). Employers in these states must use the higher state threshold, not the federal one.
No. Meeting the salary threshold is necessary but not sufficient. The employee must also pass a "duties test" showing their actual job responsibilities fit one of the FLSA's white-collar categories: executive, administrative, or professional (plus separate tests for outside sales and certain computer employees). A high salary with duties that don't match one of these categories does not create a valid exemption.
The executive exemption generally requires that the employee's primary duty is managing the business or a recognized department, that they regularly direct the work of at least two full-time employees (or the equivalent), and that they have real authority to hire, fire, or make hiring/firing recommendations that are given particular weight.
The administrative exemption generally requires that the employee's primary duty is office or non-manual work directly related to management or general business operations, and that this work includes the exercise of discretion and independent judgment on significant matters, rather than just following established procedures.
The professional exemption covers two categories: "learned professionals," whose primary duty requires advanced knowledge in a field of science or learning customarily acquired through prolonged specialized instruction (e.g., accountants, registered nurses, engineers), and "creative professionals," whose primary duty requires invention, imagination, originality, or talent in a recognized artistic or creative field.
The most common mistakes are: classifying an employee as exempt based on job title alone without checking actual duties; paying a salary that meets the federal threshold but not a higher state threshold that actually applies; making improper deductions from an exempt employee's salary for partial-day absences (which can void the exemption entirely); misapplying the administrative exemption to employees who mostly follow set procedures rather than exercise real discretion; and assuming a "manager" job title alone satisfies the executive duties test without genuine supervisory authority over at least two full-time employees.
A misclassified employee is entitled to unpaid overtime for all hours worked over 40 in a workweek, going back as far as the applicable statute of limitations allows (generally two years, or three for willful violations under federal law, though state law may extend this). Employers can also face liquidated damages, civil penalties, and, in state enforcement actions, additional fines.