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


April 14, 2026
Workforce Solutions East Texas is pleased to announce the relocation of its workforce center to the Midtown Centre. The new Tyler workforce center location is now open to the public and operates at the Midtown Centre shopping center at 1421 S. Beckham Avenue. The business hours are Monday through Friday, from 8 a.m. to 5 p.m. Workforce Solutions East Texas is a community partnership providing no-cost recruitment and employment services to businesses and job seekers in the East Texas area. The chief elected officials in the region, the Workforce Solutions East Texas Board, and the board's administrative agency, the East Texas Council of Governments, elected to lease the 28,500-square-foot facility. The boards approved entering a seven-year lease term with three three-year extension options. “We’re excited to offer employers and prospective employees a tremendous facility. It allows ample space for recruitment of skilled workers, interviewing, training, enhancing respected skills, and receiving the resources necessary to become valued, long-term assets to the Tyler business community and the surrounding area. I believe employers will see this facility as a force multiplier to ongoing work in building their businesses. Employees will see this as a critical link between their hard work in preparation and the job in which they’ll excel. Together, we’ll set the stage for the next generation in Tyler’s economic development,” said Workforce Solutions East Texas’ Executive Director, Doug Shryock. “Please bear with us as we will be opening in phases, as upgrades to the facility are underway.” The previous Workforce Solutions East Texas—Tyler office at 4100 Troup Highway has closed to the public. What assistance can Job Seekers receive at a Workforce Solutions center? Job listings and referrals Resume assistance Veterans services Community resource information Child care information Copier, fax machine, telephone, and computer access Internet access Labor market information Career exploration and planning GED information & referral Job search workshops Occupational training information Access to Vocational Rehabilitation and other partners What assistance can Employers receive at a Workforce Solutions center? On-site recruiting Interviewing and hiring Job Fairs Internet-based job postings Assistance with customized skill training Wage and labor market information Employee layoff assistance Additional assistance is available to veterans, individuals with disabilities, and people who have been dislocated from a job. Details on workforce center locations and service hours can be viewed at www.easttexasworkforce.org/locations .
April 6, 2026
Texas added 40,100 nonfarm jobs in January to reach a total of 14,379,500 positions. Over the year, the state added 112,200 jobs for an annual nonfarm growth rate of 0.8 percent, outpacing the national growth rate by 0.6 percentage points. Texas’ civilian labor force registered at 15,955,200 after decreasing by 3,400 over the month. Over the year, Texas’ civilian labor force has added 152,000 people. The seasonally adjusted unemployment rate in Texas remained stable at 4.3 percent. “Texas employers continue to spur our state’s economic momentum, adding more than 40,000 jobs across a wide range of major industries,” said TWC Chairman Joe Esparza. “TWC remains committed to supporting Texas’ pro-growth policies and world-class talent pipeline that make Texas the best place to do business.” The Construction industry had the largest private sector over-the-month increase in January after adding 11,800 jobs. Construction also posted an annual growth rate of 3.4 percent in January, which was the highest of any major industry. The Leisure and Hospitality industry and Private Education and Health Services industry each added 10,300 jobs over the month while Professional and Business Services added 10,200. “The growth we're seeing in sectors like Construction and Leisure and Hospitality is promising, but we need to ensure these jobs translate into real opportunities for Texas workers,” said TWC Commissioner Representing Labor Alberto Trevino III. “That's why TWC's focus on apprenticeship programs and initiatives like the Jobs and Education for Texans grant is vital, providing the training and resources Texans need to succeed in these growing fields and build lasting careers.” The Amarillo metropolitan statistical area (MSA) had the lowest unemployment rate with a not seasonally adjusted rate of 3.3 percent in January. It was followed by the Midland MSA at 3.4 percent and the San Angelo MSA at 3.5 percent. “Job growth in Texas continues to outpace the nation thanks in large part to a dynamic workforce system that enables both employers and job seekers to thrive,” said TWC Commissioner Representing the Public Brent Connett. “TWC resources connect working Texans with high-demand career opportunities while ensuring Texas businesses have access to a skilled workforce.” Employment estimates released by TWC are produced in cooperation with the U.S. Department of Labor’s Bureau of Labor Statistics. *All estimates are subject to revision. To access this and more employment data, visit TexasLMI.com. The Texas Labor Market Information Data for February is scheduled to be released on Friday, April 17, 2026, at 9:00 a.m. (CT).
By Workforce Solutions East Texas April 1, 2026
Tuesday, April 28 | Athens, Longview, Marshall, Palestine, and Tyler
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