Published on Dec 17, 2018

Labor & Industries proposing updated rules that could double overtime exemption threshold

Contact: Logan Bahr, Brandon Anderson

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

Washington’s Minimum Wage Act (Chapter 49.46 RCW) provides an overtime exemption for some salary workers who perform EAP duties and are paid above a minimum threshold.

Currently, the minimum threshold for EAP overtime eligibility is set by the Federal Department of Labor at $455 per week ($23,660 per year). L&I has proposed updated state rules to raise Washington’s EAP salary threshold to a range between $56,160 (2 times the minimum wage) and $70,200 per year (2.5 times the minimum wage). The proposed change would become effective on January 1, 2020 and then adjusted annually.

Cities interested in commenting on the updated draft rules can provide feedback on the L&I EAP Rulemaking Portal by December 31, 2018.

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