Exempt vs. Non-Exempt Employee Payroll Classification Tool

FLSA Exemption Eligibility Estimator (Federal US)

Estimate if a position may be eligible for certain federal FLSA white-collar exemptions (Executive, Administrative, Professional, Computer) based on salary and duties.

Disclaimer: This is an estimator for federal FLSA rules ONLY. It does NOT provide legal advice, guarantee compliance, or account for state wage and hour laws, which may differ. The Duties Test is complex and requires careful analysis of job duties. Consult an employment lawyer or HR professional for accurate classification.

Position Details

How is the employee paid?

Hourly employees are generally non-exempt and eligible for overtime.

Annual Salary ($):

Pay Frequency:

Date of Classification Assessment:

Used to determine applicable salary thresholds for that date.

FLSA Tests (Federal)

To be exempt, an employee must generally meet ALL three tests below. The Highly Compensated Employee (HCE) test has different criteria.

Salary Basis Test

Is the employee paid a predetermined, fixed salary that is not reduced due to variations in the quality or quantity of work?

Hourly paid employees (except in specific roles like outside sales) generally do not meet this test.

Salary Level Test

The minimum salary level for most standard exemptions changes periodically. This tool uses embedded data for estimation.

Duties Test (User Assessment - Complex!)

Your primary job duties must fit one of the categories below. This requires analyzing the *actual* main responsibilities. This is a complex area requiring careful consideration.

Simplified Duties Descriptions (Federal):

Executive: Managing the enterprise or a department/subdivision; directing work of at least 2 full-time employees; authority to hire/fire (or strong influence).
Administrative: Performing office or non-manual work directly related to management or general business operations; exercising discretion and independent judgment on significant matters.
Professional: Performing work requiring advanced knowledge (typically degree or equivalent) in a field of science or learning, or creative/artistic endeavors; consistent exercise of discretion and judgment.
Computer: Applying systems analysis techniques, design/development of computer systems/programs, or programming related to system design/development.
Outside Sales: Making sales or obtaining orders/contracts away from the employer's place(s) of business. (Outside sales is exempt if duties are met, regardless of salary/salary basis).

Based on the descriptions above, do the employee's PRIMARY job duties appear to meet one of the standard Executive, Administrative, Professional, or Computer duties tests?

Highly Compensated Employee (HCE) Test

This is an alternative test for exemption. Employee must meet a higher total annual compensation threshold AND perform office/non-manual work, customarily and regularly performing just ONE of the exempt duties (Executive, Administrative, or Professional).

If meeting the HCE salary threshold, does the employee customarily and regularly perform just ONE Executive, Administrative, or Professional duty?

FLSA Exemption Eligibility Estimate

Inputs Used:

Pay Structure:

Assessment Date:

Salary Basis Test Checked:

Standard Duties Test Checked (User Assessment):

HCE Duties Test Checked (User Assessment):

Automated Test Results (Based on Inputs & Date):

Applicable Standard Salary Level Threshold: per week

Applicable Highly Compensated Employee Threshold: per year

Salary Basis Test Met (Based on your input):

Salary Level Test Met (Based on your Annual Salary):

Highly Compensated Employee Salary Met (Based on your Annual Salary):

Estimated Exemption Eligibility (Federal FLSA White-Collar)

This estimate is based on whether the requirements for the Standard Exemption (Salary Basis + Salary Level + Duties Test) OR the Highly Compensated Employee Exemption (HCE Salary Level + Minimal Duties Test) appear to be met based on the inputs provided for the selected date.

The Duties Test is complex and requires careful analysis. This tool relies on your assessment of duties.