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


By Workforce Solutions East Texas November 7, 2025
On Wednesday, November 5, Workforce Solutions East Texas hosted the region’s largest hiring event of the year at the Maude Cobb Convention Center in Longview, as part of the Texas Workforce Commission’s 14th annual Hiring Red, White & You! statewide initiative. The event honored veterans with an opening ceremony at 9:30 a.m., followed by a job fair from 10:00 a.m. to 1:00 p.m. open to the public. About 70 employers participated, offering opportunities for veterans, transitioning service members, military spouses, and other job seekers. “East Texas is blessed to have so many vets to call our neighbors,” said Doug Shryock, Lt. Col. USAF (Ret.), Executive Director of Workforce Solutions East Texas. “Knowledge, skills, and abilities—hard-won across the country and around the world—make our communities stronger and more vibrant. Our employers need these valuable resources.” This year’s event was part of a statewide effort to support veterans in their transition to civilian careers. Since its launch in 2012, Hiring Red, White & You! has connected over 153,000 job seekers, including 52,000 veterans, with more than 26,000 employers across Texas. A representative from a participating employer, Stone Bridge Personnel Services, shared, " The Veteran Job Fair in Longview was a huge success! Sooo many people came out that we barely got a break the entire time! The best part was getting to know the personal stories of several decorated veterans and hearing their accomplishments and what they stand for. That's the spice of life right there. And we're about to fill heaps of new positions using all this new talent! Good times ahead." “ It’s important that we continue to serve those who served, and do so with priority, resources, and commitment,” said TWC Chairman Joe Esparza. “Hiring Red, White & You! events make a difference in the lives of veterans across Texas.” Event Highlights: Total job seekers served:438 Employers represented: 69 Workforce Solutions East Texas and ETCOG thank all participants, employers, and partners who made this event a success. Together, we continue to build a stronger workforce and honor the contributions of our veterans.
October 27, 2025
Wednesday, November 5 | 10 AM - 1 PM | Maude Cobb Convention Center
By Texas Health & Human Services October 24, 2025
SNAP Benefits are not handled by Workforce Solutions East Texas offices. Our staff members cannot assist with your inquiries regarding the Federal Government Shutdown's effect on your benefits. To aid in these concerns, we are sharing information below from Texas Health and Human Services .  2025 Federal Government Shutdown With the federal government shut down, the Texas Health and Human Services Commission is monitoring how it may impact your benefits. Check this page for updates . SNAP SNAP benefits for November won’t be issued if the federal government shutdown continues past Oct. 27. WIC WIC benefits are not affected currently. TANF TANF benefits are not affected currently. Medicaid Medicaid is not affected currently. CHIP CHIP is not affected currently. Find answers about SNAP and other benefits in the Federal Government Shutdown FAQ (PDF) .
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