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DOL Overtime Salary Threshold Reverts to $684/Week After Court Vacates 2024 Rule

A technical amendment published May 15, 2026 restores the pre-2024 FLSA overtime exemption salary threshold to $684 per week, after a federal court vacated the Biden-era rule that would have raised it to $58,656 annually.

Key Takeaways for Payroll Professionals
  • The FLSA white-collar exemption salary threshold is back to $684/week ($35,568/year)
    This has been in effect as of May 15, 2026, reversing the Biden-era 2024 rule's increases entirely.
  • The reversal came from a court ruling, not a new rule
    A Texas federal court vacated the 2024 rule nationwide in November 2024, and the 5th Circuit Court of Appeals subsequently declined to revive it.
  • The 2024 rule's planned increases never took lasting effect
    It would have raised the threshold to $43,888 (July 2024) and then $58,656 (January 2025), with automatic triennial updates starting July 2027.
  • The highly compensated employee (HCE) threshold also reverted
    It's back to $107,432 per year, down from the 2024 rule's $151,164.
  • Employers don't have to roll back salaries they already raised
    Employers who already raised salaries to meet the now-vacated higher thresholds are not required to reduce them — the change only affects the legal minimum going forward.

What Changed and Why It Matters

On May 15, 2026, the U.S. Department of Labor published a technical amendment in the Federal Register formally restoring the pre-2024 salary thresholds for the Fair Labor Standards Act's "white-collar" overtime exemptions — the executive, administrative, professional, outside sales, and computer employee exemptions. The standard salary threshold returns to $684 per week ($35,568 annualized), and the highly compensated employee threshold returns to $107,432 per year.

This reversal did not happen through a new rulemaking process weighing policy considerations. It happened because the 2024 final rule that raised these thresholds was struck down in federal court, and the DOL's May 2026 publication simply codifies that legal reality into the regulatory text employers and payroll systems reference.

ℹ️
How This Happened: A Court Case, Not a Policy Reversal
In November 2024, a federal district court in Texas vacated the DOL's 2024 overtime rule on a nationwide basis, ruling that the salary increases exceeded the agency's authority under the FLSA. The 5th Circuit Court of Appeals subsequently declined to revive the rule. The May 2026 technical amendment is the DOL's formal acknowledgment that the pre-2024 thresholds are the only ones currently in legal effect.

Threshold History: 2019 Rule vs. 2024 Rule vs. Current

📈 FLSA Overtime Exemption Salary Thresholds
DOL Wage and Hour Division
Rule / PeriodStandard Salary ThresholdHCE ThresholdStatus
2019 Rule (pre-2024)$684/week ($35,568/yr)$107,432/yrCurrently in effect
2024 Rule — July 2024$844/week ($43,888/yr)$132,964/yrVacated
2024 Rule — January 2025$1,128/week ($58,656/yr)$151,164/yrVacated
Current (restored, since May 15, 2026)$684/week ($35,568/yr)$107,432/yrIn effect
⚠️
Correcting a Common Payroll Reference Error
Many payroll rate sheets, internal wikis, and even some vendor documentation still cite the vacated 2024 rule's $58,656 threshold as the "2026 overtime exemption salary." That figure never took lasting legal effect and is no longer accurate. The threshold currently in force is $35,568 per year ($684/week).

What This Means for Exempt Classifications

Because the legal minimum salary for exemption is now lower than it would have been under the vacated 2024 rule, employers have more flexibility — not less — in classifying salaried employees as exempt from overtime, provided the duties test for the relevant exemption is also satisfied. Salary level alone has never been sufficient for exemption; the employee's actual job duties must still meet the specific requirements of the executive, administrative, professional, outside sales, or computer employee exemption being claimed.

Employers who raised salaries in 2024 or early 2025 specifically to comply with the now-vacated thresholds are not legally required to reduce those salaries. Doing so purely because the legal floor has moved back down carries employee-relations and retention risk that many employers may choose to avoid regardless of the technical legal minimum.

Action Checklist for Payroll and HR Teams

1
Required
Update internal rate references to reflect the $684/week threshold
Correct any payroll system configuration, compliance rate sheets, or internal documentation still referencing the vacated 2024 rule's $58,656 annual threshold.
2
If Applicable
Decide whether to maintain salaries raised in anticipation of the 2024 rule
There is no legal requirement to reduce salaries that were increased to meet the now-vacated thresholds, but there is also no legal requirement to maintain them at that level going forward. This is a business decision, not a compliance one.
3
Best Practice
Re-confirm exempt classifications rest on duties, not just salary
A lower salary floor does not change the substantive duties test for any FLSA white-collar exemption. Employees classified as exempt must still perform duties that qualify under the specific exemption claimed.
4
If Applicable
Check state law thresholds where applicable
Several states set their own, higher exempt salary thresholds under state wage-and-hour law. Where a state threshold exceeds the federal $684/week floor, the higher state threshold controls for employees in that state.
📎 Source & Attribution
"Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees; Implementation of Federal Court Judgments"
Source: Federal Register / DOL Wage and Hour Division  ·  Published: May 15, 2026  ·  View source document ↗
This article represents independent analysis and editorial commentary by the einTime team, prepared for the benefit of payroll professionals. Content draws on publicly available regulatory documents and government publications. All compliance decisions should be verified against applicable regulatory guidance and reviewed with a qualified tax advisor or employment counsel.
ET
einTime Editorial Team
Payroll Compliance Analysts · einTime Resource Center
The einTime editorial team tracks federal, state, and local regulatory developments affecting payroll operations and translates regulatory complexity into practical guidance for payroll professionals.
📅 Key Deadlines
May15
Technical amendment effective (2026)
No further scheduled increases under current rule
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