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DOL officially rescinds Biden-era overtime rule, restores 2019 standards

Advocacy News – May 19, 2026 

What happened: Last week, The U.S. Department of Labor (DOL) formally rescinded the Biden administration’s 2024 Overtime Rule, which would have sharply increased the salary threshold for exempt employees under the Fair Labor Standards Act (FLSA).

Why it matters: The move restores the 2019 DOL overtime rule and ends ongoing litigation over the 2024 rule.

  • Two federal district courts struck down the 2024 rule.
  • On May 5, 2026, the Fifth Circuit dismissed pending appeals after DOL stopped defending the rule.
  • DOL published the final rescission in the Federal Register May 15, 2026.

What’s next: Because DOL had already reverted to enforcing the 2019 rule, the action is largely technical. However, the agency could revisit exemption thresholds in the future.