Washington State Department of Labor & Industries is extending the public comment period on its proposed changes, the first since 1976, to the state’s overtime rules. Comments will be accepted through Friday, Sept. 20, by email to EAPrules@Lni.wa.gov or by fax at 360-902-5300.

In June, L&I proposed an incremental increase in the minimum salary threshold for employees to be considered exempt from overtime. Under current federal guidelines, to be overtime exempt, an employee must perform certain types of managerial duties and be paid a salary of at least $455 a week. That figure would climb under the proposed rule.

An overtime-exempt employee also must meet a job duties test that’s more closely aligned with federal standards. The proposal covers employees defined as executive, administrative and professional, as well as outside salespeople and computer professionals.

The proposed changes would significantly increase the minimum amount employees must earn before they can be exempt from receiving overtime pay and other protections under the state’s Minimum Wage Act. The proposal would restore overtime eligibility to more than 250,000 employees when fully implemented, according to L&I.

Under the proposed change, beginning July 1, 2020, the state would set the salary threshold at $675 a week for businesses with 1-50 employees, and $945 for businesses with 51 or more employees. By Jan. 1, 2026, the threshold would be set at 2.5 times the state minimum wage, an estimated $1,536 a week for all businesses. After that, the threshold would rise as the minimum wage is adjusted for inflation.

If workers meet the qualifications and are paid at the salary threshold level or higher, employers can classify them as overtime exempt.

Employers also have the option to make a salaried worker non-exempt and pay them overtime for anything over 40 hours worked, or they can convert overtime exempt workers to hourly.

In order to help reduce overtime costs, employers could limit the number of hours over 40 per week an employee works.

L&I has already received more than 1,450 comments on the proposal and took testimony from more than 180 people at seven public hearings in July and August. The final decision is expected in early December. Find details about the proposed rules online at Lni.wa.gov/OvertimeRulemaking.

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