EAP Pre-Draft Proposed Rule Language (Second Version)

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In March 2018, the Department of Labor & Industries filed a CR-101 for the rulemaking addressing the executive, administrative, and professional (“EAP” or “white collar”) exemptions from the Minimum Wage Act. These are the rules that determine which salaried employees in Washington are required by law to receive overtime pay, minimum wage, and paid sick leave.

Over the last seven months, the department has engaged stakeholders regarding the scope and content of the rulemaking, relevant data, and draft concepts for updates to the rules. In October, the department circulated an initial pre-draft version of updates to the rule language and solicited both written comments and in-person feedback from stakeholders.

The department reviewed the comments received, and identified additional updates to the pre-draft rule language. As a result of those edits, the department is circulating a second pre-draft version of the rule language for review prior to filing the official CR-102 draft version.

We are asking the public to review the second pre-draft version of the proposed rules and provide feedback by Monday, December 31, 2018. Additional information, including the rulemaking timeline, can be found on the “Learn about EAP exemptions” page of this engagement site.

Feedback can be submitted directly to this page via the “Submit Comments” tab. Feedback can also be submitted using an attached document via the “Upload Documents” tab. Please note that uploaded documents will not appear on the website immediately. Uploads may take up to 24 hours to post.

Feedback can also be submitted via the EAPRules@Lni.wa.gov email box. Feedback submitted to the email box will be uploaded to this engagement site.

In March 2018, the Department of Labor & Industries filed a CR-101 for the rulemaking addressing the executive, administrative, and professional (“EAP” or “white collar”) exemptions from the Minimum Wage Act. These are the rules that determine which salaried employees in Washington are required by law to receive overtime pay, minimum wage, and paid sick leave.

Over the last seven months, the department has engaged stakeholders regarding the scope and content of the rulemaking, relevant data, and draft concepts for updates to the rules. In October, the department circulated an initial pre-draft version of updates to the rule language and solicited both written comments and in-person feedback from stakeholders.

The department reviewed the comments received, and identified additional updates to the pre-draft rule language. As a result of those edits, the department is circulating a second pre-draft version of the rule language for review prior to filing the official CR-102 draft version.

We are asking the public to review the second pre-draft version of the proposed rules and provide feedback by Monday, December 31, 2018. Additional information, including the rulemaking timeline, can be found on the “Learn about EAP exemptions” page of this engagement site.

Feedback can be submitted directly to this page via the “Submit Comments” tab. Feedback can also be submitted using an attached document via the “Upload Documents” tab. Please note that uploaded documents will not appear on the website immediately. Uploads may take up to 24 hours to post.

Feedback can also be submitted via the EAPRules@Lni.wa.gov email box. Feedback submitted to the email box will be uploaded to this engagement site.

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(Submitted on 12/31/18 by Arynn McKenzie)

Dear Director Sacks:

My name is Arynn and Ive lived in Western Washington my entire life.

Overtime should apply, for workers making less than 3 times minimum wage.

Otherwise, poor workers get used.

With protections like that buisness would actually have to pay emplyees.

Allison Drake over 5 years ago

(Submitted on 12/31/18 by Erin Karcher)

Dear Director Sacks:

My name is Erin, I live in Fremont, Seattle. I'm a recent marriage and family therapy graduate through Antioch University. Before that, I was a product manager at Audible for 5 years.

I'm gently but firmly urging L&I to restore overtime rights for those salaried employees making less than triple the minimum wage when they work more than 40 hours a week.

I know large corporations in WA often chew up and spit out their employees, demanding 50-70 hour weeks and only paying them at 40 hours. Its evident in the longform articles written about Amazon and Microsoft. I recently interviewed at a large, socially progressive community mental health agency who laid the hours out at 45+ a week, salaried at only $48k. That's a lot of missing compensation! As a recent (unpaid) intern working in community mental health, my contract asked me to be in the office for just 18 hours but I was often there for 24 due to paperwork, external communication with other offices, and client follow-up. I had half the caseload of fulltime clinicians. I can't imagine how much compensation goes missing from their paychecks. Workers are more than numbers to pad the bottom line.

Unpaid overtime is wage theft, pure and simple. Restoring overtime rights in WA is desperately important as wages continue to stagnate and cost of living continues to skyrocket. More money in an employee's paycheck is more money that gets recycled into our local economy, sustaining small businesses, local healthcare, and keeping families upwardly mobile instead of trapped in working poverty. Do the right thing. Let the arc of history bend towards justice.

Allison Drake over 5 years ago

(Submitted on 12/31/18 by Patricia L. Harper)

Dear Director Sacks:

My name is Patricia L Harper, I worked most of my adult life. Retail Clerk, Grocery Clerk, Public School Bus Driver & Transportation Director for a Retirement & Assisted Living Community. All of those jobs paid overtime after 40 hrs in a work week. All were Union jobs.

Washinton State must reinstate the 40 hour work week anything over that should be paid as plus overtime. Currently in Seattle a worker must work 75 hours @ regular pay, to be able to afford basic housing!

I’m urging WA State L & I to restore overtime & the 40 hr work week! L&I should restore overtime, workers fought long & hard for a 40 hour work week, so they could have a life outside of work. When workers have shorter work weeks, better pay & more off work Holidays, they are healthier & more productive @ work. If given the incentive of overtime for more hours of work the mental / emotional health of the worker will increase which will result in a better moral in the workplace.

If employers must pay overtime @ time & 1/2 there will be more job opportunities for people because employers will hire a larger workforce.

Allison Drake over 5 years ago

(Submitted on 12/31/18 by Drew Martin)

Dear Director Sacks:

I worked in the software industry and was often expected to put in extra work time without compensation.

I'm urging you to to restore overtime rights so that everyone paid less than triple the minimum wage (about $75,000/year) gets overtime pay when they work overtime hours

Every worker deserves fair treatment.

Workers need to be compensated for their time.

I hope you will restore these rights to workers. Some companies take advantage of workers and expect them to work uncompensated overtime work.

Allison Drake over 5 years ago

(Submitted on 12/31/18 by Alan B. Dahl)

Dear Director Sacks:

My name is Alan Dahl and I live in Federal Way. I work as a computer programmer at Boeing.

My proposal is a simple one, no hours over 40 are worked for free, minimum wage should be the minimum allowed, even for salaried managers. Not as good as full pay but I think that it at least will draw the line that no one in this state ever works for free. Ideally I’d like to see overtime paid at at least the same hourly rate as the first 40 hours but I think my idea is at least a good workable start down that path.

At Boeing now non-Union workers have to give the company a minimum of 4 hours of free unpaid overtime before we get paid and that’s only for hours over 44/week. In addition if you don’t work at least 2 hours of overtime on any given day those hours don’t count to the 4 so one could conceivably work nearly 10 hours a week of unpaid overtime. Ideally I’d like things back to the way they were but even making $12 an hour would be better than nothing.

If employers had to pay time and a half for work over 40 hours either they would be forced to fairly compensate their employees or hire additional workers rather than rely on their existing workforce as a source of free labor.

Allison Drake over 5 years ago

(Submitted on 12/31/18 by Jim Heugel, Northwest University)

I am the provost at Northwest University, a private, non-profit university in Kirkland, Washington. We employ approximately 80 full-time faculty members and scores of part-time adjuncts who teach one or two classes per year. An increase in the overtime threshold to 3 times the minimum wage would be devastating to Northwest. Currently about half of our faculty members make between $50,000 and $65,000 per year. Adjuncts, of course, make much less. Teaching college courses simply doesn’t lend itself to a consistent weekly schedule. Many weeks there is little to do, and in others there is a great deal. Faculty members control their own workflow and schedule in a way that is not typical for other workers. To force them to become hourly workers, subject to overtime rules, would significantly detract from their work satisfaction and make their job untenable.

To get our faculty above the 3 times minimum wage threshold would require us to significantly increase tuition. Students and/or their parents would need to borrow significantly more money to attend school. It could also force some students to put off higher education, or not attend college at all, which will impact our state’s professionally educated workforce in the years to come.

We agree that the current threshold is too low and needs to be increased. An increase of 1.5 times the state minimum wage would be a much more realistic level for our institution, and would help reduce required increases to future tuition rates in order to pay for this at a time when students and parents are becoming more concerned about the cost of higher education and loans to pay for that education.

Please include an exemption from this regulation for non-profit colleges and universities. At this time of high unemployment, our employees could find other jobs at schools or businesses that can afford to pay more. Our employees choose to work at a school like Northwest because they believe in the mission and they structure their financial lives to make it work for their families. This regulation, as considered, would seriously threaten their opportunity to serve at a school like Northwest and to make the kind of social impact that has motivated their professional careers.

For the sake of our employees and students, I respectfully ask the Department of Labor and Industries to consider a threshold of 1.5 times the minimum wage and an a non-profit higher education exemption from the regulations being considered.

If you have any questions, please don’t hesitate to contace me.

Allison Drake over 5 years ago

(Submitted on 12/30/18 by John Jordan, Northwest University)

I represent a private, non-profit institution of higher education in the State of Washington. An increase in the overtime threshold to 3 times the minimum wage would be devastating to our organization. A change of this degree would require us to increase tuition and would require students and/or their parents to borrow significantly more money to attend school. It could also force some students to put off higher education, or not attend college at all, which will impact our state’s professionally educated workforce in the years to come.

We agree that the current threshold is too low and needs to be increased. An increase of 1.5 times the state minimum wage would be a much more realistic level for our institution to handle, and would help reduce required increases to future tuition rates in order to pay for this at a time when students and parents are becoming more concerned about the cost of higher education and loans to pay for that education.

At the same time, we believe the state should exempt non-profit organization from this requirement, as it will place a very heavy burden on charitable organizations, possibly putting many of them out of business. People who choose to work in charitable enterprises, including colleges, specifically choose to earn less in order to contribute to particular social impacts for the common good. While the state has a responsibility to regulate charities to ensure that they do not abuse the good will of their employees, it should refrain from making it impossible for them to express it.

We respectfully ask the Department of Labor and Industries to exercise sound judgement and think not only of employees in the state, but also on non-profit employers and the impact such a rule change would have on both, and ultimately on consumers of services in the state. Thank you for your consideration.

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Anabel Ruiz)

Dear Director Sacks:

My name is Anabel and I live in Puyallup. I've worked as a public accountant for 2 years.

I'm urging you to restore overtime rights so that everyone paid less than triple the minumym wage (about 75,000/year) gets overtime pay when they work overtime hours. The current overtime threshold has not been adjusted as it should have been and as a result we are working more and being paid the same if not less. Help ease the burden off of long hours or please allow workers to be paid a JUST wage, no one should work for free.

Although I love my job and my company there is a requirement of working 60 hours January through April with no overtime pay. Again, although this is a industry standard, there are people making far less than us and they are not being paid for overtime when they should. If I can barely pay my debt and living expenses, I can only imagine the burden on someone supporting a family and having to work extra hours for free. Wages should be JUST not exploitative.

Head of households will now be working less OT hours, or be paid more for their work. It's a basic principle of paying your employees for the work they do. I think shortening the hours worked, since workers won't be exploited, will increase productivity as seen in European countries that have shortened the work week. This will prevent worker burnout and increase employee retention.

This movement should be taken seriously. Workers are the backbone of every company, whether it's acknowledged or not. Workers deserve to be paid for their work justly, and this proposal would do just that. Help the middle class!

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Laura Trevino)

Dear Director Sacks:

My name is Laura and I live in Washington state I've worked as now a babysitter for 2 years before that I was a home provider

I think anyone who makes less than triple the minimum wage (about $75,000/year) should get overtime pay for all the extra hours bosses expect you to work instead of gutting your paycheck like they do now

L&I needs to restore overtime pay because employers literally see employees as slaves there response is that's ok when your body is falling apart 12-14 hour days are nothing and then the corporation guts your pay because the manager didn't get permission for the extra hours

If employers had to pay overtime maybe employees would be able to pay their bills with less stress

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Trevor Lee)

Dear Director Sacks:

My name is Trevor Lee and I live in Everett, WA. I’ve worked as a Lead Technician for 5 years.

I think that if you make less than $75,000 per year you should be eligible for overtime pay for working more than 40 hours per week.

My employer is taking advantage of the fact that they can compel me to work as much as they deem necessary.

If they were forced to pay me overtime, I would be fairly compensated for the extra hours I must put in.

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Aileen Pratt)

Dear Director Sacks:

My name is Aileen and I live in Kent. I’ve worked as a corporate finance person for 10 years now.
I'm urging you to to restore overtime rights so that everyone paid less than triple the minimum wage (about $75,000/year) gets overtime pay when they work overtime hours

My first job out of college I was working part time, but considered salaries exempt. As my hours increased to full time, my pay did as well. But once I hit full time hours my pay stopped increasing. Then more work was added on. By the time I quit that job, I was putting in 65 – 80 hours a week. My next job gave me a pay increase from 45k to 65k a year, and 40 hour work weeks. And my first employer had to hire two people to replace me. My first employer took advantage of me. It’s not reasonable to expect people to work that many hours for such little pay. Especially when it took two people to fill my role. The only way to protect worked from them at kind of abuse is to require overtime.

If this change happens then other new college graduates without the resume to move on will not be taken advantage of. Businesses should not balance their books on the backs of entry level low wage workers who deserve overtime.

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Stephanie Miller)

Dear Director Sacks:

My name is Stephanie and I live in Renton, Washington.

If you work overtime you deserve overtime pay!

Workers should get paid for their time, period.

If employers had to pay overtime workers might actually be able to live within their means .

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Jerry K.F. Chilson)

Dear Director Sacks:

My name is Jerry Chilson and I live in Enumclaw. I worked at Boeing as an assembly mechanic for 34 years.

We had overtime provisions in our contract at boeing. Although many companys dont. Unless there is a monitary penaltys for forceing employees to work massive overtime, there will be no reason they would ever see reason.

At boeing when I started on the B2 against the rules of our contract we were forced to work 12 hours a day 7 days a week ( at least we got our overtime paid) for 2 months before our Union got the company to cut back to only 8 hours on weekends.

An honest wage for honest work should be the standard for all employment.

There has been a steady erosion of the standard of living in America since 1980, thishas got to stop.

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Susan Scott)

Dear Director Sacks:

My name is Susan. I’ve worked as a Medical Language Specialist/QA Editor for 14 years.

Under current laws, there are loopholes that allow employers to designate a position as salaried to avoid paying overtime, yet deduct pay for any hours worked less than 40 per week. These laws need to be rewritten so workers receive fair overtime pay for any hours worked in excess of 40 per week, especially workers making less than 75K per year.

For example, if I am asked to cover for a coworker who is ill or on vacation, I may work 50 or 60 hours that week, yet I am still only paid for 40. However, if we run out of work and I am sent home early, my pay is docked for those hours. This not only creates financial hardship and poor morale, it provides the employer with essentially free labor which is unfair to workers.

If employees are fairly compensated for overtime hours, it will increase morale, encourage productivity, and reduce strain on community resources such as food banks, assistance agencies, and health care clinics.

Please consider investigating this very important issue and revise existing language to close the loopholes which allow employers to under pay and overwork employees!

Allison Drake over 5 years ago

(Submitted on 12/30/18 by Yusuf Mehter)

Dear Director Sacks:

My name is Yusuf Mehter and I live in Seattle. I’ve worked as an Engineer for 11 years.

If you’re paid less than triple the minimum wage (about $75000 a year) a worker should be paid overtime pay when they work overtime hours.

It’s a basic principle that someone who has to put in more than 40 hours a week should be compensated fairly for that time. Working 40 hours a week already takes up quite a bit of family time. When working overtime, you are sacrificing your own free time as well as family time that one could be spending with your children and family. The years go by fast and you can’t get back the time missed with a growing child. Working lots of overtime can also sacrifice your own health and well being as you don’t get the normal down time for other activities. If you are compensated fairly for the sacrifice at least that is another means to help out an employee and their family.

If employers were required to pay time and a half when requesting overtime from employees they would be more hesitant to even ask which would benefit both the employees and their family as well as the employer.

Allison Drake over 5 years ago

(Submitted on 12/29/18 by Jean Schwinberg)

Dear Director Sacks:

My name is Jean Schwinberg and I live in Seattle, WA. I have worked as a graphic designer for many years.

I am urging you to restore overtime pay so that anyone paid less than triple the minimum wage will get overtime pay when they work more than 40 hrs per week.

This is essential to earning a living and being able to pay the inflated rents people living in Seattle, WA need to pay.

Restoring overtime pay would go a long way to reducing income inequality.

Allison Drake over 5 years ago

(Submitted on 12/29/18 by Brayden Nelson)

Dear Director Sacks:

My name is Brayden Nelson I live in Ellensburg, WA. I’ve worked as a retail employee for 5 years.

I would like salaried employees making less than $75,000 a year to recieve over time for hours worked when it exceeds 40 in a week of 8 hours in a single day

I want my management team to get OT on the hours they work. If they don’t make their bonuses they don’t make more then I do but work countless more hours then I do. We lose a lot of good people because the company uses salary to get around overtime. Most are making about $40,000 a year.

If L&I restores overtime rights, my coworkers might be able to afford rent for a one bedroom apartment on their own....

Allison Drake over 5 years ago

(Submitted on 12/29/18 by Angela Yun)

Dear Director Sacks:

My name is Angela Yun and I live in Seattle, WA.

I’m urging you to restore overtime rights so that everyone paid less than triple the minimum wage (about $75,000/year) gets overtime pay when they work overtime hours.

L&I should restore overtime rights because workers should be equitably compensated for their work. At the same time smaller businesses need to be supported with equitable measures of assistance to execute equitable compensation for workers.

If workers were compensated for working over 40 hours then our community will be stronger.

Allison Drake over 5 years ago

(Submitted on 12/29/18 by Roxana Patricia Cisneros)

Dear Director Sacks:

My name Roxana P Cisneros I live in WA state, I work as an IP for 2 1/2 yrs

I'm urging you to restore overtime rights so everyone paid less than triple the minimum wage (about 75k yearly ) gets overtime pay when they work overhours.

L&I should restore overtime rights because it's not fair, period. Yes there is the next person that can get hurt but what about the rest of us. Do unto others as you who have done u to you

Restoring overtime would make people feel like things were fair. It gives them courage to keep going and enjoying their job knowing that there is a tomorrow for them and a future for their family

Allison Drake over 5 years ago

(Submitted on 12/29/18 by Corey Mayer)

Dear Director Sacks:

Hi! My name is Corey Mayer and I live in Olympia! I've worked as a grocery department manager and Bookkeeper at the Olympia Food Co-op for the past 28+ years.

I feel that overtime rights should apply to ALL workers, especially those paid less than $75,000/year (3x the minimum wage). Whether or not they are paid time and a half or more should be up to the employer as a benefit of employment at that establishment.

I believe that all employers would then know how much time it REALLY takes to do the work they are asking of their employees and be able to provide more accurate evaluations of work performance. I don't support salaried positions where workers can be expected to work as long as it takes to get a job done, but only get paid their salary based on a 40-hour work week. As a design engineer years ago, I decided to quit after being expected to work long hours, many without actual pay, just because my employer scheduled more work than we could actually complete by his deadlines, within a 40-hour work week. Salaried employment often is abused…

Many employers may change their practices if they needed to pay everyone for overtime. They may choose to hire more people and not overwork those already under their employ. Or those making more money might have more to use in our economy. Either way, employees will be paid fairly for their labor.

Allison Drake over 5 years ago