WSHA Raises Concerns on Pre-Proposal Rule Changes to Exempt Employees

November 7, 2018

WSHA recently commented with concerns about a pre-draft proposed rules by the state Department of Labor & Industries (L&I) that would expand the class of workers who qualify for overtime pay. The proposed changes would expand Executive, Administrative and Professional (EAP) workers who can qualify for overtime pay  by raising the minimum salary thresholds for these roles, which also include outside sales and computer professionals, among other changes. In our comments, WSHA echoed the concerns of the Association of Washington Business about the proposed changes, particularly the dangers of imposing mechanistic criteria to determine whether these workers are fairly exempt. We also urged L&I against creating rules that depart from their federal counterparts, with which hospitals and health systems must also comply. This is especially important since federal EAP rulemaking activity is expected in March 2019. The next phase of this rulemaking process is a Cost-Benefit Analysis/Small Business Impact Statement, with the formal proposed rule to follow. (Jaclyn Greenberg,


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