FLSA white-collar exemption requires salary basis, pay threshold, and duties test
- Source (primary)
- Research: Overtime laws by state
- Source (secondary)
- https://www.law.cornell.edu/uscode/text/29/213
- Verified
- July 25, 2026· 2+ independent sources
When the FLSA Considers You Exempt
Fact Check: When the FLSA Considers You Exempt
Verified July 25, 2026How we fact-check
Summary
12 claims checked against research overtime-laws-by-state and the
paired article fact-check. 12 ✓ Verified — 0 ⚠ Partial — 0 ✗ Issue.
Statutory / regulatory
6 claims
Computer employees may use $27.63/hour
- Source (primary)
- research:overtime-laws-by-state duties table
- Source (secondary)
- https://www.law.cornell.edu/cfr/text/29/541.400
- Verified
- July 25, 2026· 2+ independent sources
Outside sales has no federal minimum salary
- Source (primary)
- research:overtime-laws-by-state duties table
- Source (secondary)
- https://www.law.cornell.edu/cfr/text/29/541.500
- Verified
- July 25, 2026· 2+ independent sources
HCE requires $107,432 total annual compensation plus at least one exempt duty
- Source (primary)
- Research: Overtime laws by state
- Source (secondary)
- https://www.law.cornell.edu/cfr/text/29/541.601
- Verified
- July 25, 2026· 2+ independent sources
Executive duties include manage, direct 2+, hire/fire weight
- Source (primary)
- research:overtime-laws-by-state duties table
- Source (secondary)
- https://www.law.cornell.edu/cfr/text/29/541.100
- Verified
- July 25, 2026· 2+ independent sources
Administrative duties require independent judgment on significant matters
- Source (primary)
- research:overtime-laws-by-state duties table
- Source (secondary)
- https://www.law.cornell.edu/cfr/text/29/541.200
- Verified
- July 25, 2026· 2+ independent sources
Statutory / regulatory history
1 claim
Federal floor $684/week after 2024 raise vacated and rescinded
- Source (primary)
- Research: Overtime laws by state
- Source (secondary)
- Research: Overtime laws by state
- Verified
- July 25, 2026· 2+ independent sources
Legal precedent
3 claims
Daily rates can fail salary basis even at high total pay (Helix 2023)
- Source (primary)
- Research: Overtime laws by state
- Source (secondary)
- https://www.law.cornell.edu/supremecourt/text/21-984
- Verified
- July 25, 2026· 2+ independent sources
Missing records help the employee’s claim when classification was wrong
- Source (primary)
- research:overtime-laws-by-state Mt. Clemens
- Source (secondary)
- https://www.law.cornell.edu/supremecourt/text/328/680
- Verified
- July 25, 2026· 2+ independent sources
Employer must prove exemption (burden on employer)
- Source (primary)
- research:overtime-laws-by-state Corning Glass
- Source (secondary)
- https://www.law.cornell.edu/supremecourt/text/417/188
- Verified
- July 25, 2026· 2+ independent sources
State regulatory (research-limited)
1 claim
Some states set higher salary floors (CA, WA, CO noted in research)
- Source (primary)
- research:overtime-laws-by-state Recent changes + CA section
- Verified
- July 25, 2026single source
- Notes
Names only states present in research; no invented floors.
Operational guidance consistent with research
1 claim
If any prong fails or is unclear, treat as non-exempt and track hours
- Source (primary)
- research:overtime-laws-by-state salaried non-exempt framing
- Source (secondary)
- Research: Overtime laws by state
- Verified
- July 25, 2026· 2+ independent sources
Sources
15 unique sources cited across the report — click to audit any claim directly against its evidence.
- 1.Research: Overtime laws by state
- 2.https://www.law.cornell.edu/uscode/text/29/213
- 3.research:overtime-laws-by-state duties table
- 4.https://www.law.cornell.edu/cfr/text/29/541.400
- 5.https://www.law.cornell.edu/cfr/text/29/541.500
- 6.https://www.law.cornell.edu/cfr/text/29/541.601
- 7.https://www.law.cornell.edu/supremecourt/text/21-984
- 8.https://www.law.cornell.edu/cfr/text/29/541.100
- 9.https://www.law.cornell.edu/cfr/text/29/541.200
- 10.research:overtime-laws-by-state Recent changes + CA section
- 11.research:overtime-laws-by-state Mt. Clemens
- 12.https://www.law.cornell.edu/supremecourt/text/328/680
- 13.research:overtime-laws-by-state Corning Glass
- 14.https://www.law.cornell.edu/supremecourt/text/417/188
- 15.research:overtime-laws-by-state salaried non-exempt framing
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