When is an employee exempt from overtime under the FLSA?
Exemption requires both parts to be met: the duties actually performed must fall within an exempt category, and the employee must be paid on a salary basis at the level set in the regulation. A job title alone never creates an exemption.
The answer differs between the federal level and the states, see the rows below.
The answer by level
Federal level
Overtime at one and a half times the regular rate after 40 hours in a workweek, unless the employee meets both the duties test and the salary level in 29 CFR Part 541.
29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899California
California adds daily overtime after eight hours and double time after twelve hours in a single day, on top of the weekly rule.
Cal. Lab. Code § 510Enforcement
The Wage and Hour Division investigates and can recover back wages, and an employee may also sue for unpaid overtime.
Source lines
- The FLSA requires overtime at one and a half times the regular rate for hours worked beyond 40 in a workweek.
- The executive, administrative and professional exemptions in 29 CFR Part 541 combine a duties test with a salary basis and salary level requirement.
- California layers daily overtime after eight hours and double time after twelve hours on top of the federal weekly rule.
What it means for the company
Classify on the work actually done and keep the time records, because in a dispute the employer carries the burden of showing that the exemption fits.
| Level | Requirement | Source |
|---|---|---|
| Federal level | Overtime at one and a half times the regular rate after 40 hours in a workweek, unless the employee meets both the duties test and the salary level in 29 CFR Part 541. | 29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899 |
| California | California adds daily overtime after eight hours and double time after twelve hours in a single day, on top of the weekly rule. | Cal. Lab. Code § 510 |
| Enforcement | The Wage and Hour Division investigates and can recover back wages, and an employee may also sue for unpaid overtime. | — |
What it means for the individual
Being paid a salary does not by itself remove your right to overtime; the duties you perform decide it.
Source lines
- Fair Labor Standards Act29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899 · read 2026-08-25 · proof 9a7b925ce995af44
- California Legislative InformationCal. Lab. Code § 510 · read 2026-08-25 · proof 9a7b925ce995af44Official source
Next step
Review every exempt role against the duties test, then check the salary level in force and correct the classifications that fail either part.
This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.