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HIRING · GUIDE + TEMPLATE

Worker classification, decided right.

Employee or contractor. Exempt or non-exempt. Two decisions that set pay, taxes, and overtime, and are expensive to get wrong.

Inside:The two classification decisions · contractor tests by state · the exemption tests · 2026 salary thresholds for CA, NY, IL, TX, and FL · an editable classification worksheet
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The two decisions

Make them in order.

First decide whether the person is an employee at all. Only employees can be exempt or non-exempt.

Decision 1

Employee or contractor?

Who controls how, when, and where the work is done? Is the worker running their own independent business? Different agencies use different tests, and the strictest one that applies usually wins.

Decision 2

Exempt or non-exempt?

Is the employee entitled to overtime? Exempt status requires passing a duties test, being paid on a salary basis, and meeting a minimum salary. All three, not one.

Myths that cause most mistakes

  • "They signed a contractor agreement."
    The agreement doesn't decide it. The actual working relationship does.
  • "We pay them a salary, so they're exempt."
    Salary is only one of three tests. Many salaried employees are owed overtime.
  • "Their title is Manager."
    Titles don't matter. Actual duties do.
  • "They asked to be a contractor."
    Workers generally can't agree to give up employee protections.
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Exempt or non-exempt

Three tests. Pass all three.

Exempt employees aren't owed overtime. To be exempt under federal law, and most state laws, a role must pass every test below.

1
Test 1

Duties

The role's primary duties fit an exemption: executive, administrative, professional, computer, or outside sales. Actual work, not the job description.

2
Test 2

Salary basis

Paid a predetermined salary that doesn't drop based on the quality or quantity of work.

3
Test 3

Salary level

At or above the minimum salary. Some states set this much higher than federal law.

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When in doubt

Non-exempt. Paying overtime you didn't owe is cheaper than owing overtime you didn't pay.

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Common exemptions at small companies

Executive: manages the business or a department and directs 2 or more full-time employees. Administrative: office work tied to running the business, with independent judgment. Professional: advanced knowledge or creative work. Computer: systems analysis, programming, or software engineering.

ExecutiveAdministrativeProfessionalComputer
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Full guide

6 more pages in the full guide

Plus the editable Word template.