US Overtime Exemption Salary Threshold

The overtime exemption salary threshold sets the minimum pay an employee must earn to qualify as exempt from overtime under the Fair Labor Standards Act (FLSA).

Employees who earn below this threshold usually qualify for overtime pay when they work more than 40 hours in a workweek.

Under the FLSA, salary alone does not decide exemption status. Employees must meet both salary requirements and job duties tests to qualify as exempt.

In 2026, the standard federal exemption level remains $684 per week ($35,568 annually) for most states, unless a state sets a higher threshold.

Several states stand out with higher exemption salary requirements, including:

• California
• Washington
• New York (with different thresholds for NYC and surrounding counties)
• Colorado
• Maine

These higher thresholds reflect stricter state labor standards that go beyond federal rules.

Yes. Some employees follow different overtime exemption rules based on their role, pay structure, or industry.

This includes highly compensated employees, computer employees paid on an hourly basis, and certain executive or professional roles that fall under state-specific rules. Some industries, such as motion picture production or agricultural work, also apply separate exemption standards.

In Wisconsin, for example, executive and professional employees follow different exemption thresholds.

Download the US Overtime Exemption Salary Threshold 2026 poster to view:

• Weekly and annual exemption salary levels
• State-by-state breakdowns
• Notes on pending federal updates

All rates align with current FLSA guidance and state labor standards.