Overtime pay rulemaking: Comment deadline extended to Dec. 31

December 12, 2018

The Washington Department of Labor and Industry (L&I) has extended the deadline for commenting on the revised draft rule regarding overtime exemption rules to Dec. 31. We urge members to review WSHA’s bulletin on the revised draft, and to let us know if your hospital is impacted and to what extent. We also urge members to comment directly, online or by email by Dec. 31.

The proposal seeks to change L&I’s overtime exemption rules governing Executive, Administrative and Professional (EAP) workers. EAP workers are exempt from overtime pay, among other obligations. It would mean EAP workers making less than $56,160 would become eligible for overtime pay regardless of their job duties. The minimum salary threshold may well be higher, especially if local minimum wage rules applies (upwards of $80,000). Presently, the effective minimum salary threshold is approximately $23,000.

L&I is seeking feedback on whether to phase-in implementation of the new rules according to employer size and whether to incorporate a higher salary threshold for employers operating in higher wage areas. The formal rulemaking process is expected in early 2019, following consideration of this revised proposal.


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