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HR Compliance Calculators
Updated 2026

Exempt vs. Non-Exempt Calculator

Misclassifying an employee as exempt is one of the costliest FLSA mistakes. This wizard walks the salary and duties tests for each white-collar exemption under 29 CFR Part 541, so you can see exactly which requirement decides the result.

Use this calculator when

  • You need to determine whether a role is exempt from overtime
  • A salaried employee’s classification is in question
  • You want to see which specific test — salary or duties — controls
  • Federal analysis — several states apply stricter rules
Wrong fit?If a worker was misclassified as exempt, this estimates the unpaid overtime and liquidated damages owed.Back Pay Calculator

Classification wizard

Which exemption are you checking? Pick the one closest to the actual role.

How the test works

Every white-collar exemption is a two-part test, and both parts must be satisfied:

1. Salary test

Paid on a salary basis (a fixed amount not reduced for quality or quantity of work) of at least $684/week. Computer employees may instead qualify at $27.63/hr; outside sales has no salary requirement.

2. Duties test

The employee’s actual primary duties must match the specific exemption — managing, exercising independent judgment, applying advanced knowledge, and so on. Job titles are irrelevant; only the real work counts.

A note on the colors above: this tool shades an exempt result in amber, not green. That is deliberate — classifying someone as exempt removes their overtime protection, so it is the answer that carries legal risk if it is wrong. When in doubt, non-exempt is the safer default.

Frequently asked questions

What makes an employee exempt from overtime?

Under the FLSA white-collar exemptions (29 CFR Part 541), an employee is exempt only if they satisfy both a salary test and a duties test. The salary test generally requires payment on a salary basis of at least $684/week ($35,568/year). The duties test depends on the exemption — executive, administrative, professional, computer, or outside sales. Failing either test means the employee is non-exempt and owed overtime.

Does a high salary automatically make someone exempt?

No. Salary is necessary but not sufficient. An employee paid $200,000 a year who does not perform exempt duties is still non-exempt. The duties actually performed day to day control — not the salary, the job title, or whether the employer calls the role "salaried." The one partial exception is the Highly Compensated Employee rule, which relaxes (but does not eliminate) the duties test above $107,432/year.

Is a salaried employee always exempt?

No — "salaried" and "exempt" are different things. Being paid a salary is one requirement of most exemptions, but a salaried employee who does not meet the duties test is non-exempt and must receive overtime. Many salaried employees are non-exempt.

What is the "primary duty" test?

Most exemptions turn on the employee’s "primary duty" — the principal, main, or most important duty they perform. It is not a strict time test, though how much time is spent on exempt work is one factor. An assistant manager who spends most of their time on non-managerial tasks like serving customers may fail the primary-duty test even with a managerial title.

Do states have stricter rules?

Yes. Several states apply higher salary thresholds or stricter duties tests than the federal standard. California requires a salary of at least twice the state minimum wage for a full-time employee (around $1,240/week in 2026) and applies a quantitative duties test. New York, Washington, and others also set higher thresholds. Where state law is stricter, it controls. This tool evaluates federal law only.

Related reading

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