On May 14, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced the publication of a technical amendment restoring regulations concerning certain “white collar” exemptions under the federal Fair Labor Standards Act (FLSA).

The FLSA requires covered employers to pay employees at least the federal minimum wage for all hours worked and overtime at a rate of not less than one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek, unless the employee qualifies for an exemption. The FLSA includes a number of “white collar” exemptions, including, but not limited to, executive, administrative, and professional exemptions.  To qualify for one of these exemptions, an employee must meet certain duties requirements and be paid on a salary basis.

In 2019, the DOL published a final rule, increasing the weekly minimum salary threshold to $684.00. Pursuant to a final rule published by the DOL in 2024, the weekly minimum salary was scheduled to increase to $1,128.00 effective January 1, 2025. However, the 2024 final rule was challenged in multiple lawsuits and subsequently judicially vacated. As a result, the weekly minimum salary threshold under the FLSA has remained, and continues to remain, at $684.00.  The technical amendment clarifies this and does not change the current requirement.

The technical amendment became effective immediately this past Friday, May 15, 2026, following the publication of the 2026 final rule in the Federal Register. 

Employers must continue to comply with applicable state-specific salary threshold requirements for exempt employees.  For salary thresholds applicable to exempt employees in New York, New Jersey, and California, please see our prior Legal Alert. 

Tarter Krinsky & Drogin Thoughts

Employers are reminded that paying an employee the required weekly minimum salary alone does not make the employee exempt from the applicable minimum wage and overtime laws. The employee must also satisfy the applicable duties requirements under the FLSA and state-specific laws.  

For more information or to discuss, please contact a member of the Tarter Krinsky & Drogin Labor & Employment team.