WSHA Seeking Feedback on L&I’s Revised Draft Rules on Overtime Pay Exemptions

November 29, 2018

WSHA is seeking feedback from hospitals about a revised proposal by the Washington State Department of Labor and Industry (L&I) to change its overtime exemption rules governing Executive, Administrative and Professional (EAP) workers. EAP workers are exempt from overtime pay, among other obligations under Washington’s Minimum Wage Requirements and Labor Standards (formerly, the Minimum Wage Act). Under the revised proposal, the minimum salary threshold for exemption would be between 2 and 2.5 times the state minimum wage, commencing Jan. 1, 2020. That 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.

In addition, 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. 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 consider attending public feedback sessions which are being held this week, or commenting online or by email by Dec. 14, 2018. (Jaclyn Greenberg,


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