The DOL concluded the prior standard salary level of $455 weekly ($23,660 annually for a full-year
employee) set in 2004 for this exemption was too low. Indeed, the real value of the salary level has
fallen significantly since it was set 12 years ago. Today, the annualized equivalent of the standard
salary level is below the 2015 poverty threshold for a family of four, making it inconsistent with
Congress’ intent to exempt only “bona fide EAP workers”, i.e. those workers covered by either the
Executive, Administrative or Professional exemptions.
