While the DOL has yet to issue new rules related to overtime exemptions, on November 20, 2018, Washington L&I released preliminary draft rules with potential changes for salaried employees. The preliminary rules propose to raise the salary threshold for exempt employees to between 2 and 2.5 times the state minimum wage for a 40 hour week, beginning as of January 2020. L&I also invites public comment on how to phase in the implementation of the new salary threshold and whether the analysis of an exempt employee’s “primary duties” should follow or differ from the analysis performed under the federal rules.
L&I will be holding feedback sessions on the preliminary rules in November and will issue draft rules based on the feedback it receives. Once the draft rules are issued, there will be public hearings and an opportunity to submit formal comments before the final rules are issued.
L&I’s press release is here: https://lni.wa.gov/News/2018/pr181120a.asp
The preliminary draft rules can be accessed here: https://lni.us.engagementhq.com/1659/documents/3142