EAP Exemptions - Draft Administrative Policies (Second Batch)

Participation for EAP Exemptions - Draft Administrative Policies (Second Batch) has concluded.

Compass Pointing to Feedback

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, and are being released for stakeholder feedback in two batches. The first batch, consisting of three policies, was released for comment on March 6, 2020.

L&I recognizes the limited availability and capacity of many employers and employees to provide meaningful input on the draft policies, due to the unprecedented impacts of the coronavirus. For this reason, L&I intends to adopt interim policies prior to the rules going into effect July 1, 2020, but is committed to further stakeholdering in the short-term future.

L&I is currently seeking stakeholder feedback on the second batch of the following seven policies:

  • ES.A.8.2 – How to Compute Overtime
  • ES.A.9.3 – Exemption from Minimum Wage Act Requirements for Executive Employees
  • ES.A.9.4 – Exemption from Minimum Wage Act Requirements for Administrative Employees
  • ES.A.9.5 – Exemption from Minimum Wage Act Requirements for Professional Employees
  • ES.A.9.6 – Exemption from Minimum Wage Act Requirements for Computer Professional Employees
  • ES.A.9.7 – Exemption from Minimum Wage Act Requirements for Outside Salespersons
  • ES.A.9.9 – Salary Thresholds for Exemption from Minimum Wage Act for White-Collar Workers

Details about the updates made to each policy are contained in the cover sheet, located in the "Document Library" of this website. We are asking the public to review these draft administrative policies by COB Monday, June 1, 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 Wednesday, May 20, 2020, from 1:00 p.m. to 3:00 p.m. via WebEx. More details on how to participate are provided in the meeting agenda and webinar instructions.

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, and are being released for stakeholder feedback in two batches. The first batch, consisting of three policies, was released for comment on March 6, 2020.

L&I recognizes the limited availability and capacity of many employers and employees to provide meaningful input on the draft policies, due to the unprecedented impacts of the coronavirus. For this reason, L&I intends to adopt interim policies prior to the rules going into effect July 1, 2020, but is committed to further stakeholdering in the short-term future.

L&I is currently seeking stakeholder feedback on the second batch of the following seven policies:

  • ES.A.8.2 – How to Compute Overtime
  • ES.A.9.3 – Exemption from Minimum Wage Act Requirements for Executive Employees
  • ES.A.9.4 – Exemption from Minimum Wage Act Requirements for Administrative Employees
  • ES.A.9.5 – Exemption from Minimum Wage Act Requirements for Professional Employees
  • ES.A.9.6 – Exemption from Minimum Wage Act Requirements for Computer Professional Employees
  • ES.A.9.7 – Exemption from Minimum Wage Act Requirements for Outside Salespersons
  • ES.A.9.9 – Salary Thresholds for Exemption from Minimum Wage Act for White-Collar Workers

Details about the updates made to each policy are contained in the cover sheet, located in the "Document Library" of this website. We are asking the public to review these draft administrative policies by COB Monday, June 1, 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 Wednesday, May 20, 2020, from 1:00 p.m. to 3:00 p.m. via WebEx. More details on how to participate are provided in the meeting agenda and webinar instructions.

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Participation for EAP Exemptions - Draft Administrative Policies (Second Batch) has concluded.

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(Submitted on 5/1/20 by Eric Kossian, InsurePro)
ES.A.9.7 – Exemption from Minimum Wage Act Requirements for Outside Salespersons

I read the whole draft. The agency nicely goes into great detail for the real estate industry which is very very similar to the insurance industry and both employ large numbers of people that attempt to be commission sales people. The 10 % that are successful enjoy a great income and career. It would be nice broaden the real estate specific to include insurance outside sales people as they spend very similar amounts of time doing very similar tasks. It would be nice as it would help alleviate the ambiguity regarding insurance outside sales people. Both careers employ similarly large numbers of sales people. (you may want to compare the # of real estate sales licenses vs the number of insurance licenses to see how large these numbers really are.

As a small business employer I am very glad to see that you are leaving open the path for outside sales persons to be paid what they are worth based upon what they produce in sales. I can tell you there is a fair amount of confusion out there among agency principals as to this very issue. I worked an number of outside sales jobs in insurance before being able to start my own agency. It was not always easy but I feel like I always got paid fairly for what I did and that is what we all want to protect.

Allison Drake almost 4 years ago
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