GUIDES

Exempt vs non-exempt employees for small business owners

Updated 2026-11-12 · By the Assistlify team · AI-assisted, every fact linked to its source below

A non-exempt employee must be paid at least minimum wage and 1.5× the regular rate for hours over 40 in a workweek; an exempt employee does not have to be, but only if paid on a salary basis of at least $684 a week and their primary duty passes the executive, administrative or professional test (29 CFR 541.600; DOL Fact Sheet #17A). (Outside sales and certain computer employees have separate tests; see Fact Sheet #17A.) Job titles do not determine exempt status.

Three tests, all must pass

TestRuleSource
Salary levelAt least $684 per week29 CFR 541.600(a)
Salary basisA predetermined amount each pay period, not reduced for the quality or quantity of work29 CFR 541.602(a)
DutiesPrimary duty meets the executive, administrative or professional testFact Sheet #17A

Salary level in other pay periods

Pay periodMinimum salary
Weekly$684
Biweekly$1,368
Semimonthly$1,482
Monthly$2,964
Annual (52 weeks × $684)$35,568

Weekly through monthly figures are from 29 CFR 541.600(b); the annual figure is the arithmetic. Up to 10% of the $684 can come from nondiscretionary bonuses, incentives or commissions paid at least annually (29 CFR 541.602(a)(3)).

The duties tests

ExemptionPrimary dutyOther conditions
ExecutiveManaging the enterprise or a recognized department or subdivisionRegularly directs 2 or more other employees (Fact Sheet #17A says full-time or equivalent); can hire or fire, or their recommendations get particular weight
AdministrativeOffice or non-manual work related to management or general business operationsIncludes discretion and independent judgment on significant matters
Learned professionalWork requiring advanced knowledge in science or learningKnowledge acquired by prolonged specialized instruction
Creative professionalWork requiring invention, imagination, originality or talent in a recognized artistic or creative field—

Highly compensated employees: total annual compensation of at least $107,432, including at least $684 a week in salary, who regularly perform at least one exempt duty (29 CFR 541.601).

Examples from a multi-location business

RolePayFactsResult
Store manager$900/week salaryRuns one store, directs 2 or more full-time employees, recommendations on hiring are followedCan meet the executive exemption
Shift lead called "assistant manager"$650/week salaryBelow $684Non-exempt; owed overtime regardless of title
Area supervisor$20/hourNot paid on a salary basisNon-exempt
Bookkeeper$800/week salaryEnters invoices to set procedures, no significant independent judgmentFails the administrative duties test as described; non-exempt

Salary basis traps

What reclassifying costs

A salaried non-exempt employee is still owed overtime. DOL Fact Sheet #23 gives this example: an employee paid a $405 salary for a 45-hour workweek has a regular rate of $405 ÷ 45 = $9.00, and the 5 overtime hours earn an extra 5 × $4.50 = $22.50. Applied to the $650 shift lead with a salary agreed for a 48-hour week: $650 ÷ 48 = $13.5417 regular rate, plus 8 × $6.7708 = $54.17 overtime premium, for $704.17. Check the regular rate against your state minimum wage; see calculating overtime.

State rules

State salary thresholds or duties tests that differ from federal rules: NOT FOUND in the DOL pages used for this article. Check your state on labor laws by state and with the state labor department. To cut overtime once roles are classified, see reducing overtime across locations.

This is general information, not legal advice. Check your state labor department for current rules.

This is general information, not legal advice. Check your state labor department for current rules.

Questions

What is the salary threshold for exempt employees?

$684 per week ($35,568 a year), per 29 CFR 541.600 as published in the eCFR checked November 12, 2026.

Does a manager title make someone exempt?

No. DOL Fact Sheet #17A says job titles do not determine exempt status; salary and actual duties do.

Can I pay a salaried employee less for a short week?

Not if they are exempt and did any work that week; 29 CFR 541.602 requires the full salary, with limited exceptions.

What is the highly compensated employee threshold?

$107,432 in total annual compensation, including at least $684 a week in salary (29 CFR 541.601).

Sources