State Exceptions on Overtime Salary Levels

2025 State Overtime Salary Levels

Under federal and state laws, employers must compensate their employees with 1.5 times their regular rate of pay for any hours of overtime work. However, under these laws, employees who work in an executive, administrative or professional (EAP) capacity are exempt from overtime pay if they satisfy, among other things, the salary level requirements for their exemption.

Under the federal Fair Labor Standards Act (FLSA), the current salary level requirement for the EAP exemption is $684 per week ($35,568 per year) on a salary or fee basis. For highly compensated employees (HCEs), the salary level is $107,432, which includes at least $684 per week paid on a salary or fee basis.

While these salary levels apply in most U.S. jurisdictions, some states have adopted EAP salary levels higher than the ones required by the FLSA. These states are:

  • Alaska
  • California
  • Colorado
  • Maine
  • New York
  • Washington

The table below provides an overview of state EAP overtime salary levels higher than the FLSA thresholds. As a convenience, additional salary thresholds for other overtime exemptions are also provided.

Jurisdiction2025 Salary LevelEffective DateNotes
AlaskaStandard EAP salary level:Salaried employees, who are exempt from the minimum wage and overtime requirements as bona fide EAP employees, must maintain a salary equivalent to two times the minimum wage for the first 40 hours worked in a workweek.
$952.80 per week; and
$49,545.60 per year.
CaliforniaStandard EAP salary level:Jan. 1, 2025The standard EAP salary level is twice the state minimum wage rate based on a 40-hour workweek.
$1,320 per week;
$5,720 per month; and
$68,640 per year.
Computer software employee:
$56.97 per hour;
$9,888.13 per month; and
$118,657.43 per year.
Licensed physicians and surgeons:
$103.75 per hour.
ColoradoStandard EAP salary level:Jan. 1, 2025Most overtime salary thresholds are dependent on the state’s minimum wage rate.
$1,086.25 per week; and
$56,485 per year.
Agricultural range workers:
$606.56 per week.
Highly technical computer employees:
$34.07 per hour or the EAP salary.
HCEs:
$127,091 annually and the EAP weekly salary.
Drivers and driver helpers:
$814.55 per week.
Seasonal camp or outdoor education field staff:
Full minimum wage or:
1.  $422.02 per week
2.  $328.78 (minors)
Nonprofits with up to $25 million in revenue:
1. $318.35 per week (adults); and
2. $240.65 per week (minors).
MaineStandard EAP salary levelJan. 1, 2025The EAP salary level must exceed 3,000 times the state minimum wage divided by 52
$845.21 per week; and
$43,951 per year.
New YorkStandard administrative and executive employee salary level:Jan. 1, 2025In New York, there is also a professional exemption under state law. However, there is no minimum salary requirement for the professional exemption.
$1,237.50 per week ($64,350 per year) for employees in New York City, Nassau, Suffolk and Westchester counties and
$1,161.65 per week ($60,405.80 per year) for employees in the rest of the state.
WashingtonStandard EAP salary level for large employers (51 or more employees):Jan. 1, 2025The standard EAP salary level for larger employers is 2.25 times the state’s minimum wage rate, the standard EAP salary level for smaller employers is two times the state’s minimum wage rate, and the computer professional salary level is 3.5 times the state’s minimum wage rate.
$1,499.40 a week; and
$77,968.80 a year.
Standard EAP salary level for small employers (50 or fewer employees):
$1,332.80 per week; and
$69,305.60 per year.
Computer professional (regardless of employer size):
$58.31 per hour.

LINKS AND RESOURCES

  • U.S. Department of Labor (DOL) overtime pay website
  • DOL overtime e-tools

Provided to you by Barrow Group/Hilb Group

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2024 Zywave, Inc. All rights reserved.

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