There are two main categories of salaried employees

Exempt Salaried Employees

To be considered "exempt" — meaning you are not entitled to overtime or required breaks — your job must meet a strict three-part test.

Salary Threshold Test: You must earn a fixed salary of at least twice the state minimum wage for full-time work.
Starting January 1, 2026, this minimum is $70,304 per year, or about $5,858.67 per month.

Duties Test: Your daily work should be mainly executive, administrative, or professional, meaning more than 50% of your time is spent on these types of tasks.

Independent Judgment: You must regularly make decisions and use judgment in your job.

Your Rights If Properly Exempt:

Full Week Salary Pay: You must get your full weekly salary if you work any hours during the week, no matter how many hours you work.

No Partial-Day Wage Deductions: Employers can't take away part of your pay if you miss a few hours of work on a day.

Deduction Limits: Employers can only take pay away for full-day absences if you have no remaining paid time left under a real sick or vacation policy.

Non-Exempt Salaried Employees

If you earn less than $70,304 per year or your daily duties don’t meet the executive or administrative definition, you are considered non-exempt — even if you are paid a salary.

Your Rights If Non-Exempt:

Overtime Pay: You must be paid 1.5 times your regular rate for any hours worked beyond 8 in a day or 40 in a week.
For hours worked beyond 12 in a single day, you must be paid double.

Mandatory Meal Breaks: You must be given a 30-minute unpaid meal break before your fifth hour of work.

Mandatory Rest Breaks: You must get a 10-minute paid rest break for every 4 hours you work.

Missed Break Penalties: If your employer denies a meal or rest break, you must be paid an extra hour of regular pay for each day it happens.

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There are two main categories of salaried employees.