California Exempt Salary Threshold Checker 2026

Check if You're Exempt from Overtime | $70,304 Threshold | Am I Exempt in CA?

2026 California Exempt Threshold: $70,304/year (effective January 1, 2026)

Based on new $16.90 minimum wage. Employees earning less than $70,304 are generally non-exempt and must receive overtime pay.

Check Your Exempt Status
Enter your annual salary and job title to determine if you're exempt from overtime
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2026 exempt threshold: $70,304/year

Helps determine exempt category (executive, administrative, professional, etc.)

2026 Exempt Threshold
California exempt salary requirements
Minimum Salary$70,304/year
Based on$16.90/hr min wage
Effective DateJan 1, 2026
Exempt vs Non-Exempt

Exempt:

  • Salary ≥ $70,304/year
  • Exempt job duties
  • No overtime pay

Non-Exempt:

  • Salary < $70,304/year
  • Must receive overtime
  • 1.5x for hours over 40/week
California Exempt Salary Threshold 2026: Complete Guide
Everything you need to know about California exempt status, the $70,304 threshold, and overtime pay rights

What is the California Exempt Salary Threshold Checker?

Our California Exempt Salary Threshold Checker 2026 helps California employees determine if they are exempt from overtime pay or if they should be receiving overtime. The checker uses the new $70,304 per year threshold that took effect on January 1, 2026.

Simply enter your annual salary and job title, and the checker will tell you if you meet the exempt threshold and whether you should be receiving overtime pay.

California Exempt Salary Threshold 2026: $70,304

As of January 1, 2026, the minimum salary for exempt employees in California is $70,304 per year. This threshold is based on the new $16.90 minimum wage and is calculated as 2x the state minimum wage for a 40-hour workweek.

Calculation:

$16.90/hour × 2 × 40 hours/week × 52 weeks/year = $70,304/year

Employees earning less than $70,304 per year are generally non-exempt and must receive overtime pay for hours worked over 40 per week or over 8 per day in California.

Am I Exempt in California 2026?

To be exempt from overtime in California 2026, you must meet ALL of the following requirements:

  1. Salary Threshold: Earn at least $70,304 per year (effective January 1, 2026)
  2. Salary Basis: Be paid on a salary basis (fixed amount regardless of hours worked)
  3. Job Duties: Have job duties that meet FLSA exempt requirements:
    • Executive: Manage a department, supervise employees, have hiring/firing authority
    • Administrative: Perform office or non-manual work related to business operations
    • Professional: Work requiring advanced knowledge (law, medicine, engineering, etc.)
    • Computer Professional: Computer systems analysis, programming, software engineering
    • Outside Sales: Make sales away from employer's place of business (no salary threshold)

If you don't meet ALL three requirements, you are non-exempt and must receive overtime pay.

What Happens if I Make Less Than $70,304 in California?

If you make less than $70,304 per year in California (as of 2026), you are generally non-exempt and have the following rights:

  • Overtime Pay: You must receive 1.5x your regular rate for hours worked over 40 per week
  • Daily Overtime: In California, you must receive 1.5x for hours worked over 8 per day
  • Double Time: You must receive 2x your regular rate for hours worked over 12 per day in California
  • Meal Breaks: You are entitled to meal breaks (30 minutes for shifts over 5 hours)
  • Rest Breaks: You are entitled to 10-minute rest breaks for every 4 hours worked

If your employer is not paying you overtime when you're non-exempt, you may have a wage claim. Consult with an employment attorney or file a claim with the California Labor Commissioner.

California Exempt vs Non-Exempt: Key Differences

Exempt Employee

✓ Salary ≥ $70,304/year

✓ Exempt job duties

✓ Fixed salary regardless of hours

✗ No overtime pay

✗ No meal/rest break requirements

Non-Exempt Employee

✗ Salary < $70,304/year

✗ Non-exempt job duties

✓ Hourly or salary basis

✓ Must receive overtime pay

✓ Entitled to meal/rest breaks

When Did the California Exempt Threshold Change?

The California exempt salary threshold increased to $70,304 per year effective January 1, 2026. This is based on the new $16.90 minimum wage that took effect on the same date.

The threshold is recalculated annually based on the state minimum wage. It's calculated as 2x the minimum wage × 40 hours/week × 52 weeks/year.

Historical Thresholds:

  • 2025: $66,560/year (based on $16.00 minimum wage)
  • 2026: $70,304/year (based on $16.90 minimum wage) ← Current

How to Use the California Exempt Checker

Using our free checker is simple:

  1. Enter Your Salary: Input your annual salary (before taxes)
  2. Enter Your Job Title: Optional, but helps determine exempt category
  3. Click Check: Get instant results on your exempt status

The checker will tell you:

  • Whether you meet the $70,304 salary threshold
  • Your likely exempt category (executive, administrative, professional, etc.)
  • If you should be receiving overtime pay
  • How much your salary is below the threshold (if applicable)
  • Your hourly equivalent rate

What to Do if You're Misclassified

If our checker shows you should be non-exempt but your employer is treating you as exempt, you may be misclassified. Here's what to do:

  • Document Your Hours: Keep records of all hours worked, including overtime
  • Review Your Job Duties: Ensure your actual duties match exempt requirements
  • Consult HR: Ask your employer to review your classification
  • Contact an Attorney: Consult with an employment attorney about your rights
  • File a Wage Claim: File a claim with the California Labor Commissioner for unpaid overtime

California has strict wage and hour laws, and misclassification can result in significant back pay and penalties for employers.