As of August 15, 2026, the standard salary level for the FLSA’s executive, administrative, and professional (EAP) exemption is $684 per week (equivalent to $35,568 per year). This threshold determines whether most salaried white-collar employees can be classified as exempt from federal minimum wage and overtime requirements. A separate, higher threshold governs the highly compensated employee (HCE) test: $107,432 per year, of which at least $684 per week must be paid on a salary or fee basis.
Both figures come from the Department of Labor’s 2019 rule, which took effect January 1, 2020. A 2024 rule had raised both thresholds significantly, but federal courts vacated that rule entirely — wiping it from the books — leaving the 2019 figures as the operative thresholds. The Department has confirmed it is enforcing these 2019-rule values.
Primary source: All figures on this page come from the DOL technical amendment published in the Federal Register on May 15, 2026 (FR Doc No. 2026-09839). That document is the only authoritative basis for the values shown here. For any developments after August 15, 2026, check that source — or the current Code of Federal Regulations, 29 CFR Part 541 — directly. This page is a one-time snapshot and does not reflect changes made after that date.
What Changed
FLSA EAP Weekly Salary Level
The EAP salary level stood at $455 per week under the Department’s 2004 rule. The 2019 rule raised it to $684 per week ($35,568 per year), effective January 1, 2020. The 2024 rule then attempted two further increases — to $844 per week on July 1, 2024, and to $1,128 per week on January 1, 2025 — but both of those increases were vacated by federal courts and no longer apply.
FLSA HCE Annual Compensation Threshold
The HCE total annual compensation threshold was set at $100,000 per year under the 2004 rule, then raised to $107,432 per year by the 2019 rule, effective January 1, 2020. The 2024 rule sought to lift it first to $132,964 and then to $151,164, tracking the two staged EAP increases. Those higher values were vacated along with the rest of the 2024 rule and carry no legal force.
Dated Status History
| Date | Figure | Status / Value | Source |
|---|---|---|---|
| April 23, 2004 | FLSA EAP & HCE | 2004 rule published; EAP set at $455/week; HCE set at $100,000/year | 69 FR 22122 |
| September 27, 2019 | FLSA EAP & HCE | 2019 rule published; EAP raised to $684/week ($35,568/year); HCE raised to $107,432/year | 84 FR 51230 |
| January 1, 2020 | FLSA EAP & HCE | 2019 rule took effect; $684/week and $107,432/year became operative thresholds | 84 FR 51230 |
| April 26, 2024 | FLSA EAP & HCE | 2024 rule published — later vacated; EAP staged increases to $844/week (Jul. 1, 2024) and $1,128/week (Jan. 1, 2025); HCE staged to $132,964 then $151,164 | 89 FR 32842 |
| July 1, 2024 | FLSA EAP & HCE | 2024 rule took effect (except as applied to Texas as employer) — later vacated; EAP raised to $844/week; HCE raised to $132,964 | 89 FR 32842 |
| July 1, 2024 | FLSA EAP & HCE | Eastern District of Texas preliminarily enjoined 2024 rule as applied to State of Texas in its capacity as employer | Texas v. U.S. Dep’t of Labor, 738 F. Supp. 3d 807 (E.D. Tex. 2024) |
| November 15, 2024 | FLSA EAP & HCE | Eastern District of Texas vacated the 2024 rule entirely | Texas v. U.S. Dep’t of Labor, 756 F. Supp. 3d 361 (E.D. Tex. 2024) |
| December 30, 2024 | FLSA EAP & HCE | Northern District of Texas likewise vacated the 2024 rule | Flint Avenue, LLC v. U.S. Dep’t of Labor, No. 5:24-cv-00130-C, Dkt. No. 62 |
| January 1, 2025 | FLSA EAP & HCE | Scheduled second-stage increases to $1,128/week (EAP) and $151,164 (HCE) under 2024 rule — never took effect due to the vacaturs above | 89 FR 32842 |
| May 5, 2026 | FLSA EAP & HCE | Fifth Circuit dismissed appeal in the Eastern District of Texas case; vacatur became final judgment | FR Doc 2026-09839 |
| May 7, 2026 | FLSA EAP & HCE | Fifth Circuit dismissed appeal in the Northern District of Texas case; vacatur became final judgment | FR Doc 2026-09839 |
| May 15, 2026 | FLSA EAP & HCE | DOL technical amendment effective; 2019-rule text ($684/week; $107,432/year) reinstated in CFR | FR Doc 2026-09839, 91 FR 27833 |
Methodology & Sources
This page was written from the DOL 2026 technical amendment, published in Federal Register Volume 91, Number 94, on May 15, 2026, at pages 27833–27837 (FR Doc No. 2026-09839, Docket No. WHD-2026-0100, RIN 1235-AA57). That document is a final rule issued by the Wage and Hour Division, U.S. Department of Labor, under 29 CFR Part 541. It implements the judgments of federal courts that vacated the 2024 EAP rule and restores the regulatory text that existed before that rule’s effective date.
Every figure, date, legal citation, and status statement on this page was drawn from that document alone. No other sources, databases, or prior knowledge of this subject were consulted or incorporated. Court case names, docket numbers, and Federal Register citations reproduced here appear exactly as stated in FR Doc 2026-09839.
Disclaimer
Informational only, not legal advice. Consult a qualified professional for guidance on your specific situation.
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