Overtime Salary Threshold 2026: Federal Minimum
The federal salary level for the white-collar overtime exemptions in 2026, what happened to the 2024 rule, why duties still matter, and state differences.
For 2026, the federal overtime salary threshold is $684 per week, which equals $35,568 per year.
The federal salary threshold for 2026 requires employers to pay executive, administrative, and professional workers at least $684 per week on a salary basis before classifying them as exempt from overtime pay. Salaried employees paid less than this threshold generally cannot be treated as exempt under these tests. Earning this salary amount does not make a worker automatically exempt, because the worker must also perform specific job duties defined under federal law.
Law-firm and news summaries report that a federal court vacated the higher 2024 thresholds nationwide, which returned the federal level to $684 per week (details and verification steps below). In addition, several states enforce state-level salary thresholds that exceed the federal amount. For broader wage disputes involving uncompensated work hours, see our guide on unpaid wages. If you have questions about how wage claims interact with job loss, you can review our overview of wrongful termination rules.
The Federal Overtime Salary Threshold in 2026
For 2026, the federal minimum salary required for executive, administrative, and professional exemptions is $684 per week, which equals $35,568 per year for a full year of work. Under the Fair Labor Standards Act (FLSA), covered employers must pay non-exempt employees at least one and one-half times their regular rate of pay for any hours worked beyond 40 in a single workweek, as provided in 29 U.S.C. 207. To treat an employee as exempt under the standard white-collar exemptions, an employer must satisfy three distinct tests: the salary basis test, the salary level test, and the job duties test.
The regulatory text governing the salary level is published in 29 CFR 541.600. That regulation establishes equivalent minimum salary amounts for pay periods that run longer than one calendar week. Employers who disburse salaries biweekly, semimonthly, or monthly must satisfy the matching regulatory thresholds for those specific pay schedules.
| Pay Period Schedule | Published Minimum Salary Level | Annual Equivalent ($684 x 52) |
|---|---|---|
| Weekly | $684 per week | $35,568 per year |
| Biweekly | $1,368 biweekly | $35,568 per year |
| Semimonthly | $1,482 semimonthly | $35,568 per year |
| Monthly | $2,964 monthly | $35,568 per year |
The federal regulations also include special rules for particular geographic areas and specific job categories. Employees of non-federal employers in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands are subject to a published salary level of $455 per week, while the level for American Samoa is $380 per week. Under 29 CFR 541.600, computer employees may alternatively be paid at least $27.63 per hour. Figures reflect the published regulation text and reporting available as of October 2026. Confirm the current figure in 29 CFR 541.600 before relying on it.
What Happened to the 2024 Numbers
The Department of Labor (DOL) issued a rule in 2024 that raised the minimum salary requirement in two phases. Law-firm and news summaries reported those scheduled steps as $844 per week starting July 1, 2024, followed by an increase to $1,128 per week scheduled for January 1, 2025.
According to law-firm and news summaries of Texas v. Department of Labor, on November 15, 2024, a federal court in the Eastern District of Texas vacated the 2024 rule nationwide, which returned the level to $684 per week. Verify against the court order and the Federal Register.
According to law-firm summaries, in May 2026 the Fifth Circuit dismissed the government appeal after the administration declined to defend the 2024 rule, and the Department of Labor published a technical amendment in the Federal Register formally rescinding the 2024 rule and restoring the earlier regulation text. Verify the current text of the rule in the Federal Register. Whether the federal threshold will change again in the future is not known, as any future rulemaking by the Department of Labor, judicial decision, or act of Congress could alter the threshold.
Why Salary Alone Does Not Decide Your Status
Receiving a fixed salary does not make an employee exempt from overtime pay under federal law. Under the FLSA framework in 29 U.S.C. 213(a)(1) and 29 CFR part 541, an employee must satisfy three separate legal tests to be exempt from overtime.
Misclassification occurs when an employer pays an employee on a salary basis but assigns job duties that do not meet the legal criteria for an exemption. Common practical patterns of misclassification include giving an employee an executive title like manager while assigning primarily routine, non-exempt tasks. Other patterns include subjecting a salaried employee to improper pay deductions that undermine the salary basis, paying a worker on a day rate, or labeling a worker as an independent contractor when the work relationship shows employment status.
Federal regulations also establish a distinct test for highly compensated employees. A highly compensated employee test exists under 29 CFR 541.601 with a higher total annual compensation figure, reported as $107,432 following the invalidation of the 2024 rule. Verify the current figure in 29 CFR 541.601. Whether any individual worker is exempt depends on actual job duties and the specific facts of the workplace.
State Thresholds Can Be Higher
Several states maintain exempt salary thresholds that are higher than the federal requirement of $684 per week. Where state and federal law differ, the employee generally gets the rule that is more protective of the employee.
Reported examples of states with higher thresholds include California, New York, Washington and Colorado. Check your own state labor department for the current figure.
If you experienced negative workplace actions after raising pay discrepancies, consult our overview of workplace retaliation protections.
How to Check Whether You Are Owed Overtime
To check whether you are owed overtime, look at how you are paid, how many hours you work, and what tasks you perform. Compare your weekly salary with $684 and with your state level.
These practical steps help organize your workplace records for review; they are not legal requirements:
- Confirm your pay basis and calculate your exact weekly salary rate to see if it meets or exceeds the federal minimum of $684 per week.
- Write a detailed, chronological list of the daily job tasks you actually perform, noting the amount of time spent on routine operational duties versus managerial decision-making.
- Maintain personal logs of all hours worked each week, including early arrivals, late departures, weekend shifts, and working meal periods.
- Contact the U.S. Department of Labor Wage and Hour Division or your state labor agency if you remain uncertain about whether your duties qualify for an exemption.
Workers pursuing back pay should remain aware of statutory filing deadlines. Under 29 U.S.C. 255, claims for unpaid overtime under the FLSA carry a statute of limitations that is generally two years, which extends to three years if the employer committed a willful violation. This is general information; confirm the limitation period that applies to you with the Wage and Hour Division or an attorney. You can explore broader employee protections across our workplace rights resources.
When to Bring in a Lawyer
Whether you are exempt depends on your salary, any pay deductions, the duties you actually perform, and your state's law. A licensed employment attorney can review your work history and pay deductions and assess whether your position was classified correctly.
Based on the salary level in 29 CFR 541.600 as published, if you earn less than $684 per week on a salary, your employer generally cannot treat you as exempt under the standard federal white-collar exemptions (lower published levels apply in some U.S. territories, noted above). If you earn at or above $684 per week, the job duties test still decides your exemption status, and your state law may enforce a higher salary threshold.
Because legal deadlines and threshold calculations depend heavily on state jurisdiction and specific employer practices, consulting legal counsel can clarify your options. A licensed employment attorney in your state can evaluate whether your position was properly classified under the federal overtime rules.
Frequently Asked Questions
What is the overtime threshold for 2026?
The federal overtime salary threshold for 2026 is $684 per week, which equals $35,568 per year for a full year of employment. Under 29 CFR 541.600, equivalent levels include $1,368 biweekly, $1,482 semimonthly, and $2,964 monthly. To be exempt, an employee must also satisfy the salary basis test and the job duties test under federal law.
Does the 2024 overtime rule apply to salaried employees?
According to law-firm and news summaries, a federal court in the Eastern District of Texas vacated the 2024 rule nationwide in November 2024, which returned the federal level to $684 per week. Law-firm summaries also report that in May 2026 the Fifth Circuit dismissed the government's appeal and the Department of Labor published a technical amendment rescinding the 2024 rule. Verify against the court order and the Federal Register.
Can I be exempt if I earn more than $684 a week?
You can be exempt if you earn more than $684 per week, but salary alone does not determine your exemption status. You must also be paid on a salary basis and perform job duties that satisfy the executive, administrative, or professional tests under 29 CFR part 541. Additionally, your position must satisfy any higher salary thresholds enforced by your state labor department.
Will the federal threshold go up again?
Whether the federal threshold will change again is not known. Any future rulemaking by the Department of Labor, judicial decision, or action by Congress could alter the threshold. Check the current figure in 29 CFR 541.600.
How do I check whether I am owed overtime?
To check whether you are owed overtime, compare your weekly salary to the $684 federal threshold and check whether your state enforces a higher level. Review the primary job tasks you actually perform to determine whether they meet the legal duties test, and keep detailed records of your weekly hours. You can also contact the Department of Labor Wage and Hour Division, your state labor office, or an employment attorney.
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