US · employmentSources checked
What salary must a US employee earn to be exempt from overtime?
The Department of Labor states that to qualify for the executive, administrative or professional exemption under section 13(a)(1) of the Fair Labor Standards Act, an employee generally must meet the job duties tests and be paid on a salary basis of not less than $684 per week. Highly compensated employees are those paid total annual compensation of $107,432 or more.
Sources
- Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the FLSAdol.gov (Wage and Hour Division, U.S. Department of Labor) · checked 17 August 2026 · Fact sheet marked revised September 2019, as published on the date checked.
Related questions
- Does a job title make someone exempt?
- No. The Department states that job titles do not determine exempt status, and that an employee's specific duties and salary must meet all the requirements of the regulations.
- Can bonuses count toward the salary level?
- The Department states employers may use nondiscretionary bonuses and incentive payments, including commissions, paid annually or more frequently, to satisfy up to 10 percent of the standard salary level.
What this answer does not cover
- These are the figures published by the Department of Labor on the date checked. Salary thresholds are revised from time to time, so confirm against the source before relying on them.
- The Department states the FLSA sets minimum standards that other federal, state or local laws may exceed. A state rule can be stricter than the federal one.
