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ARTICLE · 24 SEPTEMBER 2024

Fifth Circuit Upholds DOL's 2019 Salary Threshold Amid Ongoing 2024 Threshold Challenges

In a challenge to the Department of Labor's (DOL) 2019 overtime rule, the U.S. Court of Appeals for the Fifth Circuit affirmed the DOL's authority to use a salary threshold requirement to define the executive...

United StatesEmployment and HR

In a challenge to the Department of Labor's (DOL) 2019 overtime rule, the U.S. Court of Appeals for the Fifth Circuit affirmed the DOL's authority to use a salary threshold requirement to define the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA). See Mayfield, et al. v. U.S. Department of Labor, et al., No. 23-50724 (5th Cir. Sept. 11, 2024). This decision is a victory for the DOL as it currently defends challenges to its 2024 overtime rule that raised the minimum salary thresholds for the EAP exemptions.

Overview of the Mayfield decision

In 2019, the DOL issued a new rule that raised the minimum weekly salary required to qualify for the EAP exemptions from $455 to $684. Austin-based fast-food operator Robert Mayfield challenged the 2019 rule and argued that the DOL did not have the statutory authority to use a minimum salary threshold as a criterion for determining overtime pay eligibility. Specifically, he

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