Published on Oct 19, 2018

EAP overtime exemption rulemaking underway

Contact: Logan Bahr, Brandon Anderson

The Department of Labor and Industries (L&I) is seeking feedback on their proposed pre-draft rules related to executive, administrative, and professional (EAP) worker overtime exemptions.

Washington’s Minimum Wage Act (Chapter 49.46 RCW) establishes minimum wage and overtime requirements that apply to most employers and employees in Washington State. The law provides an overtime exemption for “white collar” salaried workers in executive, administrative, and professional positions whose salary meets a minimum specified amount.

Currently the exemption rules require most workers to meet a duties test and be paid a minimum salary of at least $250/week ($13,000/ year) to qualify. The salary levels and duties test have not been updated since 1976, and as a result, L&I is initiating rulemaking to update these rules.

The initial EAP pre-draft proposed rule language was released on October 5. Stakeholders can provide feedback on the pre-draft rules by commenting on the L&I EAP website by October 26, 2018.

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