Overtime eligibility calculator

General guidance only. Exemption classification depends on your specific job duties, not job title, and the analysis is fact-intensive. This tool applies general federal FLSA tests - an employment attorney evaluates your actual role in detail. See our full disclaimer.

Exempt vs. non-exempt classification test

Your overtime eligibility assessment

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A wage and hour attorney reviews your actual job duties in detail to confirm whether you're properly classified, and can calculate back overtime owed if you've been misclassified. Free initial consultation in most areas. Many attorneys work on contingency.

What are the 2 tests for exempt status?

To be legally exempt from overtime under the FLSA's "white collar" exemptions (executive, administrative, and professional), an employee must satisfy both the salary basis test and the duties test - not one or the other. Failing either one means the employee is non-exempt and entitled to overtime, regardless of job title or how they're paid.

The salary basis test requires being paid a fixed salary above a minimum threshold, set by federal regulation and periodically updated. The duties test requires that the employee's primary job duties actually match the executive, administrative, or professional category - genuine management responsibility, independent judgment on significant matters, or advanced knowledge in a specialized field.

Job titles like "manager," "supervisor," or "coordinator" mean nothing legally if the actual work doesn't satisfy the duties test. This is exactly why misclassification is so common - employers sometimes assign impressive titles to avoid paying overtime, without changing the underlying non-exempt nature of the work. If you believe you've been misclassified, use the wage theft calculator to estimate what back overtime you may be owed.

What does the "executive exemption" actually require?

The executive exemption requires that the employee's primary duty is managing the enterprise or a recognized department, that they regularly direct the work of at least 2 or more full-time employees, and that they have genuine authority to hire, fire, or that their recommendations on personnel decisions carry significant weight.

A "shift supervisor" who spends 90% of their time performing the same tasks as the people they supervise, with no real hiring/firing authority and management duties that are only occasional, likely doesn't meet this test - regardless of the "supervisor" title. Courts and the Department of Labor look at how time is actually spent, not job description language.

What does the "administrative exemption" actually require?

The administrative exemption requires that the primary duty involves office or non-manual work directly related to management or general business operations, and that the role includes the exercise of discretion and independent judgment on matters of significance.

This is one of the most frequently misapplied exemptions. Performing administrative tasks (scheduling, data entry, routine paperwork) doesn't qualify - the key is whether the employee exercises genuine independent judgment on significant business matters, as opposed to simply following established procedures, guidelines, or a manual. Many roles labeled "coordinator" or "analyst" don't actually meet this bar despite the administrative-sounding title.

Frequently asked questions

The federal minimum salary threshold for most white-collar exemptions is set by Department of Labor regulation and has been updated periodically, generally trending upward over time. Being paid below the current threshold means you cannot be classified as exempt under the standard exemptions regardless of your job duties - this test alone can disqualify exempt status even before considering duties at all. Some states set their own higher salary thresholds that apply in addition to the federal minimum, meaning you could meet the federal threshold but not your state's requirement. Confirm the current federal threshold and your specific state's requirement, since both change periodically and the state minimum controls if higher.

Yes - the executive exemption is only 1 of several categories. The administrative exemption covers non-manual office work involving independent judgment on significant matters. The professional exemption covers roles requiring advanced knowledge in a field of science or learning, typically acquired through prolonged specialized education (such as licensed professionals). There's also a separate computer employee exemption for certain highly skilled technical roles, and an outside sales exemption for employees who primarily work away from the employer's place of business making sales. Each has its own specific duties test - none of them are satisfied by job title alone.

No. The executive exemption requires that management be your "primary duty" - generally meaning the principal, main, or most important duty you perform, not necessarily more than 50% of your time, but courts look closely at the relative importance of management duties compared to other tasks. Occasionally supervising a shift or covering for an absent manager doesn't satisfy this requirement if your regular, ongoing work is performing the same non-exempt tasks as the people you occasionally oversee. The regularity and centrality of genuine management responsibility is what matters, not occasional or incidental supervisory moments.

No - this is one of the most common misconceptions about overtime law. Being paid a salary only satisfies half of the exemption requirement (the salary basis test). You must also independently satisfy the duties test for one of the specific exemption categories. Many employers pay hourly workers a "salary" specifically to create the impression of exempt status without the employee's actual job duties qualifying for any exemption - this is a form of misclassification. If you're salaried but your actual daily work is largely routine, non-discretionary tasks without genuine management or independent judgment responsibilities, you may be misclassified and entitled to overtime despite being paid a salary.

Document your actual day-to-day duties in detail - what percentage of time is spent on genuinely exempt-level work (management, independent judgment on significant matters) versus routine tasks. Keep records of your hours worked, since misclassified employees are often not required to track hours precisely, making it harder to prove overtime owed later. Compare your actual responsibilities against your written job description, since discrepancies between the two are common evidence of misclassification. Consult a wage and hour attorney to evaluate your specific duties against the applicable exemption tests - many work on contingency, meaning no upfront cost, and can calculate back overtime if misclassification is confirmed.