Washington Seeks Comment on Policies Tied to White-Collar Changes

Washington is seeking comments on three policies related to updated recently issued white-collar overtime final rules.

The deadline for comments on the rules issued Dec. 10, 2019, are due by April 30 to the state Department of Labor and Industries.

The administrative policies focus on salary-basis questions and answers (ES.A.9.1) that provide information about the state’s white-collar worker exemptions (ES.A.9.2) and that define the fee basis in administrative, professional, and outside sales positions (ES.A.9.8), the department said March 6 in a news release.

A second group of administrative policies eventually is to be released for comments, the release said. A meeting is to be held April 2 to discuss the content of the policies.

The final rules that were issued Dec. 10, 2019, set the salary threshold for executive, administrative, professional, computer professional, and outside sales employees to be exempt from overtime requirements as a percentage of the state minimum wage and combined two job-duties tests into one job duties test that more closely aligns with the federal test.

The salary threshold is to be phased in based on employer size, starting July 1, 2020, when the minimum salary level is to rise to $675 a week, or $35,100 a year, which is 1.25 times the state’s minimum wage. On Jan. 1, 2028, the threshold is to reach $1,603 a week, or $83,356 a year, which is 2.5 times the minimum wage. After 2028, the salary threshold is to rise after the minimum wage is increased for inflation.

Comments may be submitted on the “EAP Exemptions - Draft Administrative Policies” page of the department’s engagement site, or by email to EAPRules@Lni.wa.gov.