EAP Exemptions - Draft Administrative Policies
Participation for EAP Exemptions - Draft Administrative Policies has concluded.
On December 10, 2019, the Department of Labor & Industries (L&I) finalized rules which updated the Minimum Wage Act exemptions for executive, administrative, professional, computer professional, and outside sales employees. A copy of the final rule can be located on the Rulemaking Activity at L&I webpage.
In addition to rulemaking, L&I committed to updating its current administrative policies addressing the exemptions, as well as developing new administrative policies. These policies provide additional interpretive guidance. As they are developed, draft versions of administrative policies will be posted to this page for review and comment by stakeholders.
L&I is currently seeking stakeholder feedback on the following three policies:
ES.A.9.1 – QUESTIONS AND ANSWERS ABOUT SALARY BASIS
ES.A.9.2 – GENERAL INFORMATION APPLICABLE TO EXEMPTIONS FROM MINIMUM WAGE ACT FOR WHITE-COLLAR WORKERS
ES.A.9.8 – DEFINITION OF FEE BASIS IN ADMINISTRATIVE, PROFESSIONAL AND OUTSIDE SALES POSITIONS
These three policies are the first group of two sets that will be released for public feedback.
We are asking the public to review the draft administrative policies by COB Thursday, April 30, 2020.
Feedback can be submitted directly to this page via the “Submit Comments” tab, or using an attached document via the “Upload Documents” tab.
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.
A meeting to discuss the content of the draft administrative policies is being held on Thursday, April 2, 2020, from 12:30 p.m. to 2:30 p.m. via WebEx. More details on how to participate can be found in the meeting agenda and webinar instructions document.
Document Library
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ESA9.1 - Draft Policy (286 KB) (pdf)
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ESA9.2 - Draft Policy (273 KB) (pdf)
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ESA9.8 - Draft Policy (64.8 KB) (pdf)
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EAP Draft Administrative Policies - Cover Sheet (577 KB) (pdf)
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EAP Exemptions Draft Administrative Policy Discussion Meeting Agenda - April 2 2020.pdf (380 KB) (pdf)
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Webinar Instructions.pdf (216 KB) (pdf)
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(Submitted on 4/2/20 by Mike Killeen, Davis Wright Tremaine)
1. When L&I sends out updates to draft guidance or invites/reminders for public meetings to discuss EAP guidance, please include a link to the draft Admin. Policies page on the engagement website like you did below your March 6 email. During the course of today’s call, I found it impossible to search L&I’s website for this info when starting from the L&I home page. It wasn’t until I rummaged around through my saved email on this topic that I found your email below with the link. So, please keep including the link in all future notices.
2. The cover sheet for the proposed revisions to 9.1, 9.2., etc. only gives conclusory summaries as to nature and purpose of the proposed revisions. Can you please include a redline version for each policy to make it easy/efficient to follow what the actual wording changes are. Seems like elementary disclosure for a process like this (and shouldn’t be too hard to do from your end rather – I’ll bet someone on L&I staff probably has one already or can easily create a “compare” version rather than force each stakeholder to create his/her own.)
3. As stated by many, we are in a public health and economic crisis that is unprecedented in our lifetime. No one (employees, employers, associations, unions, and, I suspect, most government agencies) has time to focus on peripheral compliance issues not directly related to Covid-19 impact and new laws. The best thing L&I can do currently in wage/hour and employment standards arena is to send out a FAQ reminding employers what some of key compliance issues are in the Covid-19 environment, e.g., employer can consider prospectively reducing salary of exempts but cannot reduce below the $684/week threshold if it wants to maintain exempt status; or, employer must pay OT, provide rest/meal periods etc. if exempt employee is converted to non-exempt. Including a reminder of the effective date as to the new EAP rules would be good, but, in the meantime, the Department should get executive authority to either delay the effective date of the rules (not my suggestion, but others have suggested) or declare a 30-day temporary moratorium on enforcement if employer can show that its actions, if in violation, were undertaken in good faith.
4. Extend L&I’s self-imposed deadline on finalizing EAP Admin. Policies for 30 days and not schedule any more public meetings for 30 days as well.
(Submitted on 3/31/20 by Rose Gundersen, WA Retail Association) - The policies are only available under “workplace policies” but the list of policies are related to all other categories under “Workers’ Rights.” When I’m looking for policies related to Wages, I intuitively go under wages. I have no idea what “workplace policies” really meant. Why does “Administrative Policies” that cover all other topics go under “Workplace Policies” is non-intuitive in my opinion. - In the past, the list is one the right side along with “I want to: and the contact information that’s visible for all to see no matter the category of topic they choose. That makes sense to me.