DOL makes it official: 2019 overtime rule is the law of the land

Back in 2024, the US Department of Labor (DOL) issued an overtime rule that would have gradually raised the minimum salary for most overtime-exempt employees from $684 per week to $1,128 per week and then adjusted that minimum salary for inflation every three years.

Later that year, the courts struck down the DOL’s 2024 overtime rule. As a result, the DOL fell back on its 2019 overtime rule, which had set the minimum salary at $684 per week and did not provide for triennial inflation adjustments.

However, the 2024 rule technically remained “on the books” in the Code of Federal Regulations.

Now, almost two years to the day after the 2024 rule was issued, the DOL is formally replacing the 2024 rule with the 2019 rule via a technical amendment scheduled for publication tomorrow. “Put simply, this action is a technical correction accounting for changes in the law that have already occurred,” the amendment states.

The DOL “is committed to ensuring that its regulations accurately reflect the proper standards and requirements that we enforce,” said Wage and Hour Division Administrator Andrew Rogers. “It is critical that each element of the section 13(a)(1) exemptions – duties, salary basis, and salary level requirements – be clearly framed for the benefit of both employees and employers.”

In related news, the DOL recently dismissed its appeal of some of the court rulings that had struck down the 2024 rule. Those cases had been paused while the DOL considered its options. It appears now that the DOL is fully committed to letting the 2024 rule lapse.