March 11, 2019
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U.S. Department of Labor releases proposed overtime rule, state department of L&I still working on a state overtime rule

Work is being done at the state and federal level to update the Executive, Administrative and Professional (EAP) Employees’ Overtime Rule. The U.S. Department of Labor (DOL) announced its Notice of Proposed Rulemaking (NPRM) March 7. It would make workers earning up to $35,308 per year eligible for overtime pay. The current yearly salary threshold for overtime pay is $23,660.

In developing the proposal, DOL received extensive public input from six in-person listening sessions held around the nation and more than 200,000 comments as part of a 2017 Request for Information, according to the press release. AWB participated in the DOL hearing. The DOL is currently asking for public feedback on the NPRM’s language.

“Our economy has more job openings than job seekers and more Americans are joining the labor force,” said Secretary Alexander Acosta. “At my confirmation hearings, I committed to an update of the 2004 overtime threshold, and today’s proposal would bring common sense, consistency, and higher wages to working Americans.”

At the state level, the Department of Labor and Industries (L&I) is working on it’s own version of a statewide EAP Overtime Rule, which is expected to be released in the next few months. L&I could propose a change to the EAP Overtime Rule that would make employees earning roughly $70,000 per year eligible for overtime, or double what the federal DOL is proposing.

The two agencies are in alignment on the list of duties a worker performs to determine if he/she is eligible for overtime under their respective new overtime rules.

More information about the proposed DOL overtime rule is available at The Department encourages any interested members of the public to submit comments about the proposed rule electronically at, in the rulemaking docket RIN 1235-AA20. Once the rule is published in the Federal Register, the public will have 60 days to submit comments for those comments to be considered.

Employers can submit feedback on L&I’s proposal via

AWB is actively engaged in L&I’s EAP Overtime Rulemaking. To learn more, contact AWB Government Affairs Director Bob Battles at 360.943.1600.

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