Important Update Regarding Salaried Exempt Employees

Texas Workforce Commission • November 22, 2024

On Friday, November 15, 2024, the U.S. District Court for the Eastern District of Texas invalidated the U.S. Department of Labor's recent rule increasing the minimum salary for salaried executive, administrative, and professional (EAP) employees who are exempt from overtime pay. The rule had provided that starting July 1, 2024, the minimum weekly salary for an EAP employee would increase from $684/week to $844/week, that a further increase to $1128/week would go into effect on January 1, 2025, and that beginning July 1, 2027, the minimum salary would increase automatically every three years thereafter based on current national wage data.


The court held that the DOL exceeded its authority under Section 213(a)(1) of the Fair Labor Standards Act when it issued the rule. Under that section of the FLSA, "[t]he [minimum wage and overtime pay requirements] shall not apply with respect to 'any employee employed in a bona fide executive, administrative, or professional capacity … (as such terms are defined and delimited from time to time by regulations of the Secretary ...)'." Thus, the statute itself lays out a “duties test” for EAP employees. That test is supplemented by a two-part salary test in the regulations: first, the EAP employee must be paid on a “salary basis,” i.e., a predetermined amount that is not based on quality or quantity of work performed, and second, the salary must be at least a specified amount (the salary level test).


As the court explained in its ruling, Congress intended that employees with EAP duties be exempt from overtime pay, subject to DOL regulations that “defined and delimited” what it takes to be an executive, administrative, or professional employee. Historically, the DOL has used a salary test (salary basis pay at a certain minimum level) to distinguish EAP-level employees from other employees with lower-level duties who just happened to be paid a salary. The duties and salary tests are meant to complement each other. However, by setting the salary level so high so quickly, the DOL effectively favored the salary level test over the duties and salary basis tests. That, held the court, exceeded the agency’s authority to adopt rules, so the rule was invalid. Further, the court held that the three-year automatic salary increase provision was unprecedented in the history of the EAP regulations and had no legal basis in the FLSA.


By the time that the federal court issued its ruling, the first increase to $844/week had already gone into effect. Now that the rule has been declared invalid (including the July 1, 2024 increase to $844/week), the planned increase to $1128/week will not take place, and the automatic increases every three years beginning July 1, 2027 will also not occur. This effectively leaves the previous salary level of $684/week in place. DOL is unlikely to appeal since the incoming administration will appoint a new Secretary of Labor and a new Administrator for the Wage and Hour Division, neither of whom would be likely to support salary increases like the ones that were just invalidated by the court.


For the future, employers should consult with their legal counsel regarding proper compensation for EAP employees.


Source: TWC Texas Business Today Newsletter


Community meeting in a conference room, with people seated facing a speaker near flags and a screen.
By Workforce Solutions East Texas & Vocational Rehabilitation Services September 1, 2026
Workforce Solutions East Texas (WSET) and Texas Workforce Solutions–Vocational Rehabilitation Services invite you to join us in celebrating National Disability Employment Awareness Month (NDEAM) on Tuesday, October 13, 2026, from 9 to 11:30 a.m. The event will be held at the Workforce Solutions East Texas Center in Tyler, located at 1321 S. Beckham Avenue, Tyler, TX. This year’s theme, “Celebrating Value and Talent,” recognizes the contributions, skills, and perspectives that people with disabilities bring to East Texas workplaces and communities. At Workforce Solutions East Texas, we are committed to helping create workplaces where people of all abilities can succeed. NDEAM is an opportunity for employers, community partners, job seekers, and advocates to come together, learn from one another, and celebrate the value of an inclusive workforce. Attendees can expect meaningful conversations, networking opportunities, participant success stories, and resources for employers interested in building teams that include and support people of all abilities. Whether you are an employer seeking talented candidates, a community organization supporting individuals with disabilities, or someone interested in learning more about available services through Texas Workforce Solutions–Vocational Rehabilitation Services, we invite you to attend. Join us as we celebrate the value and talent that people with disabilities bring to businesses, organizations, and communities across East Texas.
Success Story poster for Work Experience Program with a woman’s portrait and the name Ashley Stevenson.
By Workforce Solutions East Texas August 26, 2026
At just 24 years old, Ashlee Stevenson already knows the meaning of perseverance. As a mother of three young children, Ashlee’s greatest motivation has always been creating a better future for her family. While balancing the responsibilities of motherhood, she began searching for a path that would allow her to build a meaningful career in healthcare and provide greater opportunities for her children. Ashlee’s journey began when she discovered the Workforce Innovation and Opportunity Act (WIOA) Program through an online search. She was looking for more than just assistance with school; she needed support that would help remove the barriers standing between her and her goals. 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Four people standing at a conference backdrop beside a blue “Success Story: Shayanne Foil” sign
By Workforce Solutions East Texas August 26, 2026
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