NOTICE·General educational content, not legal advice. Consult an employment attorney or your state DOL for case-specific classification.
FORM EVNE-0 · CLASSIFICATION OVERVIEWVERIFIED APRIL 28, 2026

Exempt vs Non-Exempt Employees: The Plain-English 2026 Guide

The federal salary threshold is still $684 per week. The 2024 DOL rule that would have lifted it to $1,128/wk was struck down in court last November. Here is what your classification actually depends on, what your state adds on top, and what to do if the numbers do not add up.

$35,568 / yr min$107,432 HCE$27.63 / hr (computer)6 exemption tracks
DECISION FLOW29 CFR 541
Q1Salary basis?

Paid a fixed amount each pay period, not subject to reduction for hours or quality.

If “Hourly or variable” →NON-EXEMPT
Q2Salary level?

At least $684/week federal. Higher in CA, WA, NY, CO, AK, ME.

If “Below threshold” →NON-EXEMPT
Q3Duties test?

Primary duty matches one of the 6 recognised exempt categories.

If “Production / support / manual” →NON-EXEMPT
ALL 3 PASS → EXEMPT

Salary continues; no overtime obligation.

Definition

What “exempt” actually means

Exempt is shorthand for exempt from the FLSA overtime and minimum-wage rules. It is not a tax status. Your federal income tax withholding, your retirement plan eligibility, and your benefits do not change because you are exempt or non-exempt.

What does change is whether you have a legal right to extra pay for hours over 40 in a workweek. Non-exempt employees do. Exempt employees do not. The Fair Labor Standards Act (29 USC 201 et seq.) sets the federal floor; state rules can be stricter.

Title alone never determines classification. The DOL and the courts look at what you actually do, not what is on your business card. 29 CFR 541.2
Currency check

The 2024-2025 rule you have probably read about, and why it does not apply

On 26 April 2024 the Department of Labor published a final rule lifting the salary threshold in two phases: $844/week from 1 July 2024, and $1,128/week from 1 January 2025. The first phase took effect.

On 15 November 2024 Judge Sean Jordan of the Eastern District of Texas vacated the entire rule nationwide in State of Texas v. U.S. Department of Labor. The threshold reverted to $684/week. The 1 January 2025 second phase never took effect.

On 24 April 2025 the new administration's DOL filed to hold the appeal in abeyance at the Fifth Circuit, effectively dropping the defence of the rule. As of April 2026 there is no replacement proposal on the regulatory agenda. The 2019 figures still control.

STATUS, APRIL 2026: Federal floor $684/wk. No proposed rule. Vendor blogs that quote $844 or $1,128 are out of date.

Read the full salary-test timeline →

SECTION 3 · THRESHOLD LADDER, 2026

The federal floor is $684/wk. State thresholds have leapfrogged. Higher of state-or-federal applies.

Federal floorSTRICT
$684.00/wk
$35,568/yr
Maine
$845.21/wk
$43,951/yr
Alaska
$878.40/wk
$45,677/yr
Colorado
$1086.25/wk
$56,485/yr
New York (rest of state)
$1199.10/wk
$62,353/yr
New York (NYC, LI, Westchester)
$1275.00/wk
$66,300/yr
CaliforniaSTRICT
$1352.00/wk
$70,304/yr
WashingtonSTRICT
$1541.70/wk
$80,168/yr

Sources: CA DIR, WA L&I, NY DOL, CO DLSS, AK DOL, ME DOL official 2026 publications.

See full state breakdown plus daily-overtime states →

SECTION 5 · SELF-CHECK
FORM EVNE-2 · CLASSIFICATION SELF-CHECK
5-Question Duties Self-Check
INDICATIVE ONLY

Question 1 of 4

Salary basis check.

Are you paid the same fixed amount each pay period, regardless of the quantity or quality of work performed?

SECTION 6 · IF YOU SUSPECT MISCLASSIFICATION
1

Document

Keep a contemporaneous daily hours log. Save emails, timesheets, your job description, and pay stubs. Note the gap between your title and your duties.

2

Compare duties

Walk through the salary basis, salary level, and duties tests for your role. Use our self-check or read the relevant exemption page.

3

File or sue

A free DOL Wage and Hour Division complaint, a private lawsuit, or joining an existing collective action are the three paths to recover unpaid overtime.

Step-by-step procedure →

SECTION 7 · FOR EMPLOYERS

Running a classification audit?

Pull a census, run each exempt employee against the duties test, flag the borderlines, and decide between fix-forward and back-pay. Most growing employers are exposed in the same handful of roles: assistant managers running registers, “administrative” titles applying standards, IT support miscoded as computer-employee exempt.

The employer audit playbook →

Payroll software that auto-applies overtime
SECTION 8 · FREQUENTLY ASKED
What is the salary threshold for exempt employees in 2026?

Under federal law the threshold is $684 per week, or $35,568 per year. The Eastern District of Texas vacated the 2024 Department of Labor rule on 15 November 2024, reverting the rule to the 2019 figure. Several states require higher amounts (California $1,352/wk, Washington $1,541.70/wk, NYC and downstate New York $1,275/wk).

Is it better to be exempt or non-exempt?

It depends on hours worked. If you regularly work 50+ hours, non-exempt is usually better because you collect overtime at 1.5x your regular rate. Exempt employees get a fixed salary and often more benefits, but no extra pay for long weeks. Look at your actual hours over a normal month.

Can a salaried employee be non-exempt?

Yes. Salary is a payment method; exempt is a legal status. A salaried non-exempt employee keeps a fixed weekly salary but must still receive overtime for hours over 40, on top of the salary. Many growing employers use this structure for borderline classifications.

What are the three tests for exempt status?

Salary basis (paid the same fixed amount each pay period), salary level (at least $684/week federal, more in some states), and duties (primary duty matches one of the recognised exempt categories). All three must be met for the executive, administrative, professional, and computer salary-based exemptions.

Is a manager automatically exempt?

No. A title of manager, director, or VP means nothing on its own. The executive exemption requires a primary duty of management of a customarily recognised department, supervision of two or more full-time-equivalent employees, and meaningful authority over hiring and firing. An assistant manager who rings the register most of the day is likely non-exempt.

What happens if I am misclassified as exempt?

You can recover unpaid overtime for the prior two years (three years for willful violations) plus liquidated damages that double the back-wage award, plus attorney fees. You can file a free complaint with the DOL Wage and Hour Division, hire an employment attorney, or join a collective action against the employer.

Can my employer dock my exempt salary if I leave early or come in late?

Generally no. Partial-day deductions for personal absences break the salary basis test and can void the exemption for the entire workweek. The narrow exceptions (FMLA leave, full-day disciplinary suspensions for serious misconduct under written policy, offsetting jury duty pay) are listed in 29 CFR 541.602.

Are software engineers exempt?

Most full-time software engineers are exempt under either the computer employee exemption ($684/week salary or $27.63/hour) or the learned professional exemption (with a CS degree). Help-desk and tier-one support employees applying standards rather than designing systems are generally non-exempt despite working with computers.

All 25 FAQ questions →