Learn about EAP exemptions

Most employees covered by the Washington Minimum Wage Act (MWA) must be provided a minimum wage (currently $13.50 per hour), overtime for working above 40 hours in a seven-day workweek, and paid sick leave.

The MWA exempts certain kinds of covered employees from its requirements, including bona fide Executive, Administrative, and Professional (“EAP”) workers, as well as Outside Salespersons. These terms are defined by the Director of the Department of Labor & Industries (the department). The EAP exemptions were largely intended to exempt “white collar” workers who often enjoy more economic security and relative bargaining power than lower wage earners.

On December 10, 2019, the Department of Labor & Industries (L&I) finalized rules which updated the Minimum Wage Act exemptions for executive, administrative, professional, and outside salespersons. 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 needs your help on the following EAP policy updates:

TBD

Previous Stakeholder Engagement:

• EAP Data (June 2018)
• EAP Scoping Questions (July 2018)
• EAP Draft Rule Concepts (September 2018)
• EAP Pre-Draft Proposed Rule Language (October 2018)
• EAP Rulemaking Statewide Feedback Sessions
• EAP Pre-Draft Proposed Rule Language - Second Version (December 2018)
• EAP Exemptions - Draft Administrative Policies (March 2020)
• EAP Exemptions - Draft Administrative Policies - Second Batch (May 2020)