Reminder: Proposed Overtime Rule Change

Jul 19, 2019
Last month, the Department of Labor and Industries filed a proposed rule that would update Washington's overtime regulations.
As a reminder, last month the Department of Labor and Industries filed a proposed rule that would update our state’s overtime regulations and require employers to provide overtime benefits to certain salaried employees who previously were exempt. The Minimum Wage Act (MWA) stipulates that employees working over 40 hours a week receive overtime benefits. However, the MWA exempts certain employees from its requirements, including executive, administrative, and professional (EAP) workers earning above the current salary threshold (approx. $24,000). EAP staff includes individuals with managerial duties, employees completing non-manual office work, or those performing duties that require advanced knowledge in a field of science or learning.

Currently, Washington uses the federal salary threshold at $455 a week or about $24,000 per year to calculate overtime exemptions. The proposed changes would require the minimum salary received by exempt workers to increase incrementally to 2.5 times the state minimum wage at $1,536 a week or about $80,000 per year by 2026. Following these annual increases, effective January 1, 2027, the minimum salary received by exempt workers will stay at a rate of 2.5 times the state minimum wage and will be updated annually to reflect inflation.

Should you have concerns with the proposed rule changes, please consider attending a public hearing. The full hearing schedule can be found on the Department's website.

In addition to the scheduled public hearings, the department will host an informational webinar on Tuesday, July 23. You can access the webinar call-in information here.

You can also submit written comments via email to EAPrules@Lni.wa.gov through September 6

Find out more about the proposed overtime rule changes by visiting the L&I Overtime Rulemaking Page and Changes to Overtime Rules Q&A.