Answer the questions and this tool walks the exemption analysis in order — salary basis, salary level (against the federal floor and the higher state floors where you operate), then the duties test for the track you choose — and returns a layered verdict: a federal result and a separate state result, because the same facts can pass federally and fail under a state's higher floor or quantitative duties test. It covers the four hotel tracks (executive, administrative, professional, and the §7(i) commissioned-employee exemption for spas), analyzes salary-basis deductions, and loads illustrative role presets. Inputs never leave your browser.
Heavily disclaimed, on purpose Classification is a legal judgment built on actual duties, not titles or this questionnaire. Treat the output as a structured issue-spotting memo to bring to counsel — never as a determination. State tests differ (California counts duties quantitatively and rejects the HCE shortcut), and the §7(i) establishment test is attested here, not computed.
Worked example: the $700/week night auditor#
The classic hotel misclassification, walked through the checker's own sequence. Use the Night auditor preset, or enter: Texas · $700/week · true weekly salary · executive track · primary duty managing a department no · directs two or more FTEs no · hiring/firing weight no · majority of shift on line-level work yes.
How the verdict is built#
- Salary basis: passes. A fixed $700 every week is a salary. (Switch the pay method to "day rate" and the analysis fails immediately — Helix Energy v. Hewitt; a shift rate for night coverage is not a salary at any total.)
- Salary level: passes — by $16. The checker applies the higher of the federal or state floor; Texas adds none, so $700 clears the $684 federal floor (29 CFR 541.600, restored eff. May 15, 2026). Switch the state to California and the state verdict fails on salary alone: $700 sits far below the $1,352 floor, before duties are even reached.
- Duties: fails on all three executive elements. Running the night audit checklist is not managing a customarily recognized department (29 CFR 541.100(a)(2)); there is no one to direct at 3 a.m. (541.100(a)(3)); and the auditor neither hires nor fires nor carries particular weight (541.100(a)(4)). The "yes" on line-level work adds the concurrent-duties risk flag federally (29 CFR 541.106) — and under California's quantitative test it is dispositive.
- Federal verdict: "Does not satisfy." Two passing salary screens cannot rescue a failed duties test — the three tests are conjunctive. The HCE shortcut doesn't help: $700 × 52 = $36,400, nowhere near the $107,432 threshold (29 CFR 541.601).
This is why salary-level reviews that stop at "$700 is more than $684" miss the exposure: the night auditor is non-exempt because of what the job is. The role-by-role analysis is in the exemptions brief.
What this checker adds#
- Layered verdicts. A federal result and a separate state result, so a role that is exempt in Texas and non-exempt in California shows both at once — with the controlling floor and the state duties overlay named.
- The §7(i) commissioned track. For hotel spas and salons: the establishment test (attested), the regular-rate prong (more than 1.5× the applicable minimum wage in every overtime week), and the more-than-half-commissions prong over a representative period (29 CFR 516.16; DOL Opinion Letter FLSA2026-4). It waives federal overtime only — state daily-overtime rules may still apply.
- State overlays. California's quantitative >50% duties test and its rejection of the HCE shortcut (Lab. Code §515); New York's regional EAP floors with no separate professional floor; Washington's 2.25× floor; Colorado's $130,014 HCE threshold; Nevada's duties-based test with no salary floor.
- A salary-basis deduction analyzer. The §541.602(b)(1)–(7) permitted deductions versus the improper ones that defeat the exemption for the whole class — with the §541.603 safe harbor flipping the outcome from a violation to a curable risk.
- The reasonable-relationship test. A guarantee that is dwarfed by actual earnings — productivity-bonus-heavy pay, or a day rate paired with a weekly guarantee — is flagged under §541.604(b), which can defeat the salary basis even where a guarantee nominally exists.
- Role presets. Night auditor, front office manager, executive housekeeper, working sous chef, day-rate chief engineer, sales coordinator, and commissioned spa therapist — illustrative answer sets from the brief's role table.
Full role-by-role analysis: white-collar exemptions in hotels. This tool is educational — see the disclaimer.