2026$70,304Computer $122kFree

California Exempt Salary Threshold Checker 2026

Check if you’re exempt from overtime under California law. The 2026 white-collar threshold is $70,304/year (2 × $16.90 × 40 × 52), effective January 1, 2026. Computer professionals: $122,573.13/year.

By Sammy S. · Founder · AuthorUpdated for 2026

2026

$70,304

Computer $122k

Enter salary

Gross annual pay before taxes — use quick picks or type any amount.

Pick job title

Helps estimate category (exec, admin, professional, computer, sales).

See status live

Exempt vs non-exempt estimate, shortfall, and CA overtime rights.

Check your California exempt status

Enter your annual salary and job title. The checker estimates whether you meet California’s 2026 salary thresholds ($70,304 white-collar or $122,573 computer professional), suggests an exemption category, and summarizes overtime and break rights if you appear non-exempt. Duties and salary-basis rules still control legal status.

Your inputs

Salary & job title

Annual salary (pre-tax)

$0Threshold: $70,304

$60,000 is $10,304 below the threshold

Job title

Helps estimate category — executive, administrative, professional, computer, or outside sales. Duties still control legal status.

Appears non-exempt — OT required

Executive · salary-based estimate

NON-EXEMPT

Based on your salary of $60,000, you do NOT meet the 2026 California exempt salary threshold of $70,304. You are likely NON-EXEMPT and should receive overtime pay.

$60,000

Your salary

$70,304

Threshold

Executive

How the 2026 threshold is calculated

Labor Code §515: at least 2× state minimum wage for a 40-hour week

California recalculates the white-collar exempt salary whenever the statewide minimum wage increases.

$16.90/hour (2026 min wage) × 2 × 40 hours/week × 52 weeks/year

= $70,304 per year

Computer professional exemption (LC §515.5) uses a separate DLSE figure: $122,573.13/year ($58.85/hour) for 2026.

Exempt categories in California

Executive$70,304/yr

Manages a department, supervises ≥2 employees, has hiring/firing authority.

Administrative$70,304/yr

Performs office or non-manual work related to management or business operations.

Professional$70,304/yr

Work requiring advanced knowledge in a field of science or learning (law, medicine, engineering, CPA).

Computer Professional$122,573/yr

Systems analysis, programming, software engineering, or similar highly skilled computer work (LC §515.5).

Outside SalesNo minimum

Makes sales or obtains orders away from the employer's place of business. No salary threshold.

Non-exempt employee rights in California

Overtime requirements

1.5×Regular rate for hours over 40/week
1.5×Regular rate for hours over 8/day (CA only)
2×Regular rate for hours over 12/day (CA only)
1.5×First 8 hours on the 7th consecutive workday
2×All hours beyond 8 on the 7th consecutive workday

Break entitlements

30 minUnpaid meal break for shifts over 5 hours
10 minPaid rest break per 4 hours worked
2nd mealSecond meal break for shifts over 10 hours
1 hr payPremium pay per missed break at regular rate (LC §226.7)

Exempt vs non-exempt: side-by-side

Exempt employee

YesSalary ≥ $70,304/year (white-collar)
YesMeets exempt job-duties test (>50% of time)
YesPaid fixed salary regardless of hours worked
NoNo overtime pay required by employer
NoMeal/rest break rules generally do not apply

Non-exempt employee

NoSalary below $70,304 or non-qualifying duties
YesMust track all hours worked
YesMust receive overtime at 1.5× and 2×
YesEntitled to meal and rest breaks
Yes1 hr premium pay per missed break (LC §226.7)

What to do if you think you're misclassified

If your employer treats you as exempt but you may be non-exempt, you could be owed back pay. California often has a 3-year statute of limitations on wage claims.

Document your hours

Keep detailed records of all hours worked, including early starts, late finishes, and work from home.

Review your duties

Verify that day-to-day duties — not just your title — meet an exempt duties test (>50% of time).

Talk to HR

Request a written explanation of why you are classified as exempt.

Consult an attorney

A California employment attorney can evaluate your situation; many work on contingency for wage claims.

File a wage claim

File with the California Labor Commissioner's Office (DLSE) for unpaid overtime and missed break premiums.

PAGA / civil action

You may also pursue a PAGA action or civil lawsuit for broader relief including civil penalties.

California vs federal FLSA: a $34,736 threshold gap

DOL May 2026 technical amendment: federal threshold stays at $35,568/year

After courts vacated the 2024 federal salary-level increase, a DOL technical amendment effective May 15, 2026 restored the 2019 rule: $684/week ($35,568/year) — nearly half of California's $70,304. Your employer may correctly say you're FLSA-exempt but still owe California overtime.

California has no highly compensated employee (HCE) exemption. Under FLSA, $107,432+/year can qualify as HCE with a lighter duties test. California still requires all three parts of the exempt test regardless of pay level.

Criterion	Federal FLSA	California 2026
Salary threshold	$35,568/yr	$70,304/yr
Weekly rate	$684/week	$1,352/week
Daily overtime	No (weekly only)	Yes (8/day, 12/day)
HCE exemption	$107,432/yr	None
Duties test	Primary duty	>50% of time

PAGA: misclassification penalties per pay period

AB 2288 (effective June 19, 2024) reformed — but did not eliminate — PAGA exposure

PAGA lets an aggrieved employee sue on behalf of the State for Labor Code violations, including misclassification that leads to unpaid overtime and break premiums. Penalties can stack per employee per pay period.

Example: 20 employees, 2 years (52 bi-weekly periods)

Initial period$2,000

Subsequent periods$204,000

PAGA penalties only$206,000

Before back overtime, break premiums, and attorneys' fees.

Scenario	Penalty
Initial violation	$100 / employee / pay period
Subsequent violations	$200 / employee / pay period
Isolated non-recurring	$50 / period (≤30 days or 4 periods)
Cured before PAGA notice	15% of assessed

Salary basis trap: improper deductions

A fixed salary that varies with hours or quality can destroy exempt status

Often improper

•Docking pay for partial-day absences (except FMLA/CFRA)
•Deductions for slow business or lack of work
•Reducing salary for quality or quantity of work

Often permissible

•Full-week absences for personal reasons
•Full-week sick leave under a bona fide plan
•Safety-violation penalties (narrowly applied)

Historical white-collar thresholds

Year	Min wage	Threshold
2022	$15.00	$62,400
2023	$15.50	$64,480
2024	$16.00	$66,560
2025	$16.50	$68,640
2026 (current)	$16.90	$70,304

References & official sources

DLSE — Overtime FAQ
California overtime and exemption overview.
California Labor Code §515
Exempt employee salary and duties framework.
California Labor Code §515.5
Computer professional exemption.
AB 2288 (2024) — PAGA reform
Revised penalty structure and cure provisions.
DOL — FLSA overtime exemptions
Federal salary level and white-collar exemptions.

This tool estimates salary-threshold status only. Job titles do not determine exemption — actual duties, salary basis, and applicable Wage Orders control. Not legal advice. Confirm current DLSE figures and consult a California employment attorney or the Labor Commissioner for your situation.

Disclaimer: This tool estimates salary-threshold status only. Job titles do not determine exemption — actual duties, salary basis, and applicable Wage Orders control. Not legal advice. Confirm current DLSE figures and consult a California employment attorney or the Labor Commissioner for your situation.

Frequently asked questions

$70,304 threshold, computer exemption, FLSA gap, PAGA, salary basis, overtime, and misclassification.

As of January 1, 2026, the minimum salary for white-collar exempt employees in California is $70,304 per year. This is based on the $16.90/hour minimum wage and is calculated as 2 × $16.90 × 40 hours/week × 52 weeks/year. Employees earning less are generally non-exempt and must receive overtime pay.

To be exempt you must meet all three requirements: (1) earn at least $70,304/year (or the computer professional threshold if applicable), (2) be paid on a fixed salary basis, and (3) have job duties that qualify under executive, administrative, professional, computer professional, or outside-sales exemptions. Failing any one test makes you non-exempt.

You are generally non-exempt and entitled to: overtime at 1.5× for hours over 40/week; daily overtime at 1.5× for hours over 8/day; double time (2×) for hours over 12/day; a 30-min meal break for shifts over 5 hours; and a 10-min rest break per 4 hours worked.

The computer professional exemption (California Labor Code §515.5) has its own DLSE-published threshold. For 2026, the annual figure is $122,573.13 ($10,214.44/month or $58.85/hour). This is separate from the 2× minimum wage formula used for white-collar exemptions.

Exempt employees are generally not required to track hours. Employers may still ask for scheduling or project reasons. Tracking hours does not by itself convert an exempt employee to non-exempt, but records can matter if misclassification is later disputed.

The Outside Sales exemption applies to employees who primarily make sales or obtain orders away from the employer's place of business. It has no salary threshold requirement in California. The employee must spend more than half their working time engaged in outside sales activities.

Document all hours worked, review actual duties against the exemption tests, discuss with HR, consult a California employment attorney, and consider filing a wage claim with the California Labor Commissioner's Office. California typically has a 3-year statute of limitations on most wage claims.

California's 2026 threshold of $70,304/year is nearly double the federal FLSA threshold. After courts vacated the 2024 federal increase, a DOL technical amendment effective May 15, 2026 restored the 2019 rule — $684/week ($35,568/year). An employee at $45,000 may be FLSA-exempt but non-exempt in California. California also has no highly compensated employee (HCE) exemption (federal HCE: $107,432/year).

Under PAGA as reformed by AB 2288 (effective June 19, 2024): $100/employee/pay period for initial violations and $200/employee/pay period for subsequent violations. Example: 20 misclassified employees over 2 years (52 bi-weekly periods) can reach about $206,000 in PAGA penalties alone before back OT and fees. Employers who take all reasonable steps before a PAGA notice may reduce penalties to 15% of the assessed amount. 65% of PAGA penalties go to the State; 35% to aggrieved employees.

Exempt employees must receive a fixed predetermined salary that does not vary with hours or quality of work. Improper deductions — such as docking for partial-day absences, slow days, or performance — can destroy the exemption for similarly situated employees for the period of the improper practice. Permissible examples include full-week personal absences, full-week sick leave under a bona fide plan, and narrow safety penalties. California's DLSE enforces the salary basis rule strictly.

Labor Code §515 sets the white-collar exempt salary at least 2× the state minimum wage for a 40-hour week. For 2026: $16.90 × 2 × 40 × 52 = $70,304. When the minimum wage rises, the threshold rises automatically.

No. Titles are labels. California looks at actual duties (typically more than half of working time on exempt tasks), salary level, and salary-basis compliance. A “manager” who mostly does non-exempt production work can still be non-exempt.

Exempt status still requires meeting the applicable salary threshold and duties tests. Paying a reduced “part-time salary” below $70,304 (or the computer threshold) generally fails the salary test for white-collar exemptions.

The salary threshold is primarily about a fixed salary meeting the minimum. Some incentive pay rules exist under federal and state frameworks, but you should not assume irregular bonuses alone cure a below-threshold salary. When in doubt, confirm with counsel or DLSE guidance.

Usually not for white-collar exemptions. Exempt status generally requires payment on a salary basis (a predetermined fixed amount each pay period), not an hourly wage — even if annualized pay exceeds the threshold.

Non-exempt employees generally get 2× the regular rate for hours over 12 in a workday and for hours beyond 8 on the seventh consecutive day worked in a workweek (with 1.5× for the first 8 on that seventh day).

Meal and rest break requirements primarily protect non-exempt employees. Properly exempt employees are generally not entitled to the same break premiums, but misclassification can create break-premium liability if the employee should have been non-exempt.

Industrial Welfare Commission Wage Orders set industry- and occupation-specific rules on overtime, breaks, and exemptions. Your Wage Order can affect how duties tests and overtime apply. Confirm the Wage Order that covers your employer.

Often yes if you are a California employee or work in California, but multi-state arrangements can be complex. Classification and OT may depend on where work is performed and which state’s law applies. Get advice for cross-border roles.

Many California wage claims have a three-year statute of limitations; some claims or theories can differ. File promptly and keep records. An attorney or the Labor Commissioner can confirm deadlines for your facts.

Potential exposure includes unpaid OT and double time, missed meal/rest premiums (LC §226.7), waiting-time penalties, inaccurate wage statements, interest, attorneys’ fees, and PAGA civil penalties — depending on the violations proven.

Yes. It is free with no sign-up. Enter salary and job title for an instant salary-threshold estimate. It is not a legal determination.

California generally requires that exempt employees spend more than half of their work time on exempt duties. Occasional exempt tasks are not enough if most time is spent on non-exempt production or clerical work.

Yes when California’s statewide minimum wage increases, because the white-collar threshold is tied to 2× minimum wage × 40 × 52. Computer professional figures are published separately by the DLSE.

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Last updated: 2026-07-27 · Estimates only · Not legal advice · Verify with DLSE / counsel.

How it works

Enter salary

Pick job title

See status live

Check your California exempt status

How the 2026 threshold is calculated

Exempt categories in California

Non-exempt employee rights in California

Overtime requirements

Break entitlements

Exempt vs non-exempt: side-by-side

Exempt employee

Non-exempt employee

What to do if you think you're misclassified

California vs federal FLSA: a $34,736 threshold gap

PAGA: misclassification penalties per pay period

Salary basis trap: improper deductions

Historical white-collar thresholds

References & official sources

What is the California exempt salary threshold for 2026?

Am I exempt from overtime in California 2026?

What happens if I make less than $70,304 in California?

What is the computer professional exemption threshold for 2026?

Can an exempt employee track their hours in California?

What is the Outside Sales exemption?

What should I do if I think I'm misclassified?

How does California's exempt threshold compare to the federal FLSA threshold?

What PAGA penalties do employers face for misclassifying employees as exempt?

What is the salary basis rule and how can improper deductions destroy exempt status?

How is the $70,304 threshold calculated?

Does my job title make me exempt?

Can a part-time employee be exempt in California?

Do bonuses and commissions count toward the salary threshold?

I'm paid hourly but earn more than $70,304 — am I exempt?

When is double time required in California?

Do meal and rest break rules apply to exempt employees?

What are California Wage Orders?

Do California overtime rules apply if I work remotely for a CA employer?

How long do I have to file a wage claim for unpaid overtime?

What else can employers owe besides unpaid overtime?

Is this California exempt checker free?

What does the >50% duties test mean?

Will the threshold rise again after 2026?

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