Changes to Overtime Rules

Proposed Changes to Washington's Overtime Rules

Washington's overtime employment rules are changing – and we want to hear from you!

The Department of Labor & Industries (L&I) is changing the employment rules that determine which workers in Washington are required by law to be paid at least minimum wage, earn overtime pay, and receive paid sick leave. These changes will affect executive, administrative, and professional (EAP) workers and outside salespeople (app.leg.wa.gov) across all industries in Washington.

Changes to these rules will mean some employers will have to provide overtime, minimum wage, and paid sick leave to some employees who were previously considered exempt. In other cases, employers may need to increase salaries for exempt employees.

Who are these workers?
A combination of a minimum salary and specific job duties determines whether a worker meets the definition of an executive, administrative, or professional worker, or outside salesperson contained in state rules. These workers are typically "white collar" workers who often have more economic security and relative bargaining power than lower-wage workers.

In general, these workers must be salaried and paid a minimum specified salary level, and must primarily perform executive, administrative, professional, or outside sales duties as defined by federal regulations.

Proposed changes update minimum salary level and job duties
Under the proposed changes, the minimum pay a salaried worker must receive to be considered exempt would increase incrementally to 2.5 times minimum wage by 2026. Small employers (with 50 employees or less) would have more time to make the first increase.

For many employers, the first increase would take effect July 1, 2020, when the minimum required salary level for exempt employees would increase from the current $455 a week (under federal rules) to $675 a week for small employers, and $945 a week for large employers (with more than 50 employees). This salary level is based on Washington's 2020 minimum wage requirement.

In addition to the change in the minimum salary level, the job duties tests in the proposed rules are being updated to more closely align with the federal job duties tests.

Your input is needed during rulemaking
L&I is updating the rules through a rulemaking process, and you have an opportunity to submit formal comments during this process. Here's how:

  • Review the draft overtime rules.
  • Provide formal public comments. You can do this by attending a public hearing; submitting your comments by email or by fax at 360-902-5300; or mailing comments to the Employment Standards Program, P.O. Box 44510, Olympia, WA 98504-4510. L&I must receive your comments by 5 p.m. Sept. 6, 2019.

 

Public hearing schedule
Western Washington:

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

Date

7/15/2019

7/16/2019

7/17/2019

8/15/2019

City

Tumwater

Seattle

Bellingham

Vancouver

Venue

L&I HQ

The Swedish Club

Four Points / Sheraton Bellingham Hotel & Conference Center

Clark College Columbia Tech Center (CTC)

Room

S117/S118/S119

Stockholm Hall

Whatcom Room

Event Rooms A&B (Room 144 & 146)

*Explanation and discussion of proposed rule

1 to 2 p.m.

9 to 10 a.m.

9 to 10 a.m.

9 to 10 a.m.

Public hearing

2 to 4 p.m.

10 a.m. to noon

10 a.m. to noon

10 a.m. to noon

 

Eastern Washington:

MONDAY

TUESDAY

WEDNESDAY

 

Date

8/5/2019

8/6/2019

8/7/2019

 

City

Ellensburg

Kennewick

Spokane

 

Venue

Hal Holmes Community Center

SpringHill Suites by Marriott Kennewick

CenterPlace Regional Event Center

 

Room

Hal Holmes

Vista Hall

Large Meeting Room

 

*Explanation and discussion of the proposed rule

9 to 10 a.m.

9 to 10 a.m.

9 to 10 a.m.

 

Public hearing

10 a.m. to noon

10 a.m. to noon

10 a.m. to noon

 

 

*All public hearings include a pre-hearing overview, which will provide the public with an opportunity to learn about the new rule and ask Labor & Industries' staff questions.

Learn more

Contact L&I's Employment Standards program at EAPrules@Lni.wa.gov or 1-866-219-7321.

Sign up to receive email updates on the overtime employment rule changes at Lni.wa.gov/WageNews.


For more detail, see L&I Admininistrative Policies:
Acrobat PDF file Minimum Wage Act Applicability (ES.A 1.) (150 KB PDF)
- Outlines when and to whom the state Minimum Wage Act applies. State overtime laws are included in the Minimum Wage Act.
Acrobat PDF file Overtime (ES.A.8.1) (161 KB PDF)
- Interprets when overtime is due and how it is paid, and when it is not due.
Acrobat PDF file How to Compute Overtime (ES.A.8.2) (57 KB PDF)
Acrobat PDF file Salary Basis for White Collar Workers (ES.A.9.1) (106 KB PDF)
- Defines what constitutes a salaried worker.
Acrobat PDF file General Application White-Collar Positions (ES.A.9.2) (166 KB PDF)
Acrobat PDF file Exemption from Minimum Wage and Overtime for Executive Positions (ES.A.9.3) (195 KB PDF)
Acrobat PDF file Exemption from Minimum Wage and Overtime Requirements for Administrative Positions (ES.A.9.4) (208 KB PDF)
Acrobat PDF file Exemption from Minimum Wage and Overtime Requirements for Professional Positions (ES.A.9.5) (207 KB PDF)
Acrobat PDF file Exemption from Minimum Wage and Overtime Requirements for Computer Professional Positions (ES.A.9.6) (207 KB PDF)
Acrobat PDF file Exemption from Minimum Wage and Overtime Requirements for Outside Sales Positions (ES.A.9.7) (247 KB PDF)
Acrobat PDF file Definition of Fee Basis in Administrative, Professional, and Outside Sales Positions (ES.A.9.8) (165 KB PDF)

 

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