Rule Updates

Rules Under Development

Minimum wages

Chapter 296-128, WAC

All updates for this rule:

Executive Administrative Professional (EAP) exemptions (Chapter 296-128 WAC, Minimum Wages)

The purpose of the second continuance of the proposal is to extend the written comment period from September 6, 2019, to September 20, 2019. There were no changes to the proposal language. The purpose of the first continuance (filed 7/10/2019) of the proposal was to add a seventh public hearing. There were no changes to the proposal language. The purpose of the proposal is to update the Minimum Wage Act (MWA) exemptions for executive, administrative, professional, and outside salespersons. These proposed rules will: Amend WAC 296-128-500 Update the language which addresses the purpose of the rules; Add WAC 296-128-505 (New) Provide definitions; Amend WAC 296-128-510 Redefine duties test for an individual employed in an executive capacity; Amend WAC 296-128-520 Redefine duties test for an individual employed in an administrative capacity; Amend WAC 296-128-530 Redefine duties test for an individual employed in a professional capacity; Amend WAC 296-128-535 Redefine duties test and hourly rate for computer professionals; Amend WAC 296-128-540 Redefine duties test for outside salespersons; Add WAC 296-128-545 (New) Update or establish salary thresholds for executive, administrative, and professional employees, and create an implementation schedule for salary threshold changes. The department is engaging in this rulemaking to ensure the regulations in Washington State effectively distinguish between employees who the Legislature intended to be protected by the Minimum Wage Act (MWA) and bona fide executive, administrative, professional (EAP), computer professional, and outside sales employees who it intended to exempt. The department recognizes that when the definitions become outdated, the protections intended by the MWA erode, and employees who the Washington State Legislature intended to protect receive neither the protections of the MWA, nor the higher salaries, above-average benefits, and greater job security and advancement opportunities expected for bona fide EAP and outside sales employees, and which justify their exemption from the MWAs protections. Additionally, employers do not have an efficient and reliable means of identifying which workers are, or are not, entitled to these protections. With this proposed rule, the department intends to restore protections so that employees who should receive minimum wage, overtime, tips and service charges, paid sick leave, and protection from retaliation will do so, and to implement a mechanism to ensure that the test for exemption remains up-to-date so future workers will not be denied the protections that the Legislature intended to afford them.825.

9/20/2019

Comments Due

9/3/2019

PDF: Proposed Rulemaking (CR 102)

PDF: Continuance Proposed Rulemaking (CR 102)

PDF: Second Continuance Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

PDF: Small Business Economic Impact Statement (SBEIS)

PDF: Preliminary Cost Benefit Analysis

PDF: Continuance Proposed Rule Language

PDF: Continuance Proposed Rule Language

8/15/2019

Public Hearing

8/7/2019

Public Hearing

8/6/2019

Public Hearing

8/5/2019

Public Hearing

7/17/2019

Public Hearing

7/16/2019

Public Hearing

7/15/2019

Public Hearing

3/20/2018

PDF: Preproposal (CR-101)

Enforcement for Paid Sick Leave and Retaliation (Initiative 1433) (Chapter 269-128 WAC, Minimum wages)

The purpose of this rulemaking is to adopt rules pertaining to the enforcement directives related to the implementation of Initiative 1433, An Act Related to Fair Labor Standard. Initiative 1433 passed on November 8, 2016, and requires, in part, employers provide paid sick leave to employees beginning on January 1, 2018. Initiative 1433 directs the Department to adopt and implement rules to carry out and enforce the act. The changes were adopted 12/19/2017 and became effective on 1/1/2018.802.

1/1/2018

Rule Changes Effective

12/19/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

PDF: Response to Public Comments (CES)

11/17/2017

Comments Due

11/9/2017

Public Hearing

11/8/2017

Public Hearing

10/3/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

7/5/2017

PDF: Preproposal (CR-101)

Minimum Wage Act and Initiative 1433 (Chapter 296-128 WAC, Minimum Wages)

The purpose of this rulemaking is to implement, carry out, and enforce Initiative 1433, An Act Relating to Fair Labor Standards, which requires employers provide paid sick leave to employees. These rules: - Set parameters for the directives in Chapter 49.46 RCW; and - Create definitions and descriptions for paid sick leave pertaining to: written policies, accrual, usage, variance from required increments of use, reasonable notice, verification for absences exceeding three days, rate of pay, payment of paid sick leave, separation and reinstatement of accrued paid sick leave upon rehire, paid time off (PTO) programs, shared leave, shift swapping, frontloading, third party administrators, employee use of paid sick leave for unauthorized purposes, employer notification and reporting to employees, and retaliation. In addition to the paid sick leave proposed rules, amendments are being made to rules updating outdated language concerning people with disabilities to People-first language. Enforcement of the retaliation and enforcement directives related to the implementation of Initiative 1433 are being addressed in a separate rulemaking. The department will be working with employee and employer representative to perform outreach about the new rules. An online employer resource center is being developed to assist employers in learning about their new requirements, to provide guidance on employee notification and sample policies, etc. This rulemakings effective date is January 1, 2018, the effective date of the paid sick leave provisions of Initiative 1433. The changes were adopted 10/17/2017 and became effective on 1/1/2018.788.

1/1/2018

Rule Changes Effective

10/17/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

PDF: Final Cost Benefit Analysis

PDF: Response to Public Comments (CES)

PDF: Revised Small Business Economic Impact Statement (SBEIS)

9/1/2017

Comments Due

8/29/2017

Public Hearing

8/17/2017

Public Hearing

8/16/2017

Public Hearing

8/8/2017

Public Hearing

7/5/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

PDF: Small Business Economic Impact Statement (SBEIS)

PDF: Preliminary Cost Benefit Analysis

1/4/2017

PDF: Preproposal (CR-101)

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