NFIB Members Asked to Comment on Proposed Overtime Rule

Date: October 09, 2018

L&I holding listening sessions around the state. If your salaried workers earn less than $85,000, this rule could affect you

A minute before the close of business Friday, October 5, the state Department of Labor & Industries (L&I) released a “pre-draft proposed rule” that could significantly change overtime eligibility for executive, professional, and administrative workers.

The rule change would also affect outside salespeople and certain information technology professionals.

With equal dispatch, L&I scheduled its first stop on a listening tour the very day this story is being posted. NFIB members who would be affected by L&I’s proposed rule change need to make their voices heard.

  • The materials L&I distributed indicate that many workers now considered salaried/exempt would become hourly and eligible for overtime unless they meet updated tests for the types of work performed and are paid a salary equivalent to somewhere between 1.5 and three times the state minimum wage. For 2019, this could be at least $37,440 or as much as $74,880.
  • In 2020, the salary thresholds would increase to at least $42,120 or as much as $84,240. That threshold would continue to increase with inflation every year, along with the state minimum wage. By 2025, this threshold could be $97,657.25!

The department held four “Feedback Sessions” in October and has added three more in November. The following are the dates, times, and places where you can speak about the proposed rule change:

  • Seattle, 10 a.m., Tuesday, November 27, The Swedish Club, Stockholm Room, 1920 Dexter Ave. N.
  • Yakima, 10 a.m., Wednesday, November 28, Hilton Garden Inn, Cascade Room, 401 E. Yakima Ave.
  • Vancouver, 10 a.m., Thursday, November 29, L&I Vancouver Service Office, 312 SE Stonewall Drive, Suite 120.

Your input is needed.

Please consider attending a listening session in your area, or submit written comments through L&I’s EAP Rule engagement site. If you need assistance submitting written comments, you can email them to NFIB Washington State Director Patrick Connor at

NFIB’s written comments are available here. A spreadsheet showing hourly wages and equivalent annual salaries from 2018 through 2025 is available here.

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