Overtime Pay Draft Rules Released: Comment By October 26th

October 8, 2018

Washington State’s Department of Labor and Industries is engaged in rulemaking intended to expand overtime pay to workers in our state. This afternoon, the department issued its pre-draft overtime pay rules, which are available for review and comment here. Two key items in the draft include:

  • The current draft lists a salary range pegged at 1.5x-3x Washington State’s minimum wage ($37,440 per year-$74,880 per year) as the salary exemption threshold. The Department wants input from employers as to what the salary exemption threshold should be, so be sure to analyze what the different salary levels would mean for your organization.
  • The Department is proposing changes to the duty criteria for exempting an employee from overtime pay. The Department wants input from employers regarding these criteria, so be sure to analyze what the proposed changes would mean for your organization.

Written comments on the pre-draft rules can be submitted on the Department’s engagement website by October 26, 2018.

In addition, the Department will be holding public feedback sessions throughout the state. If a session is coming to your area, please try to attend. It is important for the Department to hear nonprofit voices and concerns during this phase of the rulemaking so that the final rules are workable for nonprofits. Because of this, we recommend that a representative from your organization participate and share your organization’s views on the pre-draft rules, in addition to submitting written comments.

According to the Department of Labor and Industries, feedback sessions will be held:

October 9– Tumwater, from 2:00-4:30 PM
2 p.m. – Overview
2:30-4:30 p.m. – Feedback session
L&I Headquarters – Room S117
7273 Linderson Way SW
Tumwater, WA 98501

October 16, Everett, from 9:00-11:30 AM
9 a.m. – Overview
9:30-11:30 a.m. – Feedback session
WSU Everett – Auditorium, Room 102 (Parking in Lot K)
915 N. Broadway
Everett, WA 98201

October 17, Richland, from 1:30-4:00 PM
1:30 p.m. – Overview
2-4 p.m. – Feedback session
Richland Community Center – River View South Room
500 Amon Park Drive
Richland, WA 99352

October 18, Spokane, from 9:00-11:30 AM
9 a.m. – Overview
9:30-11:30 a.m. – Feedback session
Center Place Event Center – Large Meeting Room
2426 N. Discovery Place
Spokane, WA 99216

We will continue to provide updates, analysis, and information on this issue. If you have any questions, please visit the Department of Labor and Industries’ engagement site or email Washington Nonprofits’ Director of Public Policy and Advocacy David Streeter.

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