Back to 2019: DOL Rescinds 2024 Overtime Rule
On May 14, 2026, the U.S. Department of Labor (DOL) announced that it is formally rescinding the Biden administration’s 2024 Final Overtime Rule. The 2024 rule would have significantly increased the minimum annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act (FLSA).
The rescission is not unexpected. The Trump administration’s decision to vacate the 2024 rule and restore the 2019 DOL rule follows a series of lawsuits. In 2024, two federal district courts struck down the 2024 rule, and on May 5, 2026, the U.S. Court of Appeals for the Fifth Circuit dismissed pending appeals after the DOL stopped defending the 2024 rule in court.
The 2026 final rule, which formalizes the continued application of the 2019 DOL rule, was published in the Federal Register on May 15, 2026. Because the DOL had been enforcing the 2019 rule, this action functions largely as a technical amendment. It remains to be seen whether DOL will propose new changes to the exemption thresholds in the future.
If you have any questions about the DOL’s decision, please do not hesitate to contact your Miller Canfield attorney or one of the authors of this alert.
