May 14, 2026
U.S. DOL Announces Technical Amendment to FLSA Salary Level
The U.S. DOL has announced it will publish an amendment to restore the previous provisions and salary levels set in 2019 for properly classifying an employee as exempt under the Fair Labor Standards Act (FLSA): $684 per week and $107,432 per year for highly compensated employees. The final rule is scheduled to be published tomorrow, May 15, 2026.
Background. On April 26, 2024, the Department published a final rule significantly raising these compensation thresholds, which apply to executive, administrative, and professional employees exempt from minimum wage and overtime requirements pursuant to section 13(a)(1) of the FLSA.
In November 2024, federal courts vacated the final rule and the Wage and Hour Division returned to enforcing the levels set in its 2019 rule. This technical amendment formally removes the 2024 regulatory language from the Code of Federal Regulations and restores the language the Wage and Hour Division promulgated in 2019.
This action does not change any enforcement stance currently in place.
What else is new? Find out by joining the 20th Annual Employment Law, Legislative & Regulatory update webinar on May 22nd, 8:30a.m. – 4:00 p.m. ET. Click here for more information and to register.
