USDOL Confirmed the 2019 Salary Threshold for Exempt Determination

In May 2026, the U.S. Department of Labor confirmed that the 2019 Salary Threshold of $684/week or $35,568/year is the correct threshold being followed and enforced. Not the threshold levels from 2024 and 2025 under the previous presidential administration. Two federal district courts in Texas cleared the way allowing the DOL to move forward with confirming the 2019 salary levels.

Salary threshold is only one of the components in determining if a position is exempt with the other being the Duties Test. There are three categories of FLSA overtime exemption: Executive, Professional and Administrative.

Key takeaway: Take the time to review your position descriptions, update as needed, and determine if the position (not the person!) is overtime eligible or overtime exempt.