EAP Exemptions - Draft Administrative Policies

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.