Sample language for notifications regarding overtime-exempt and overtime-eligible positions
Sample language to include in your employee notification:
O/T Exempt to O/T Eligible:
This letter is to inform you that effective _______________, your position has been changed from overtime exempt to overtime eligible. This means you are eligible for overtime if you work over 40 hours in the week. Your work week starts on {enter date} at {enter time}. You must not work more than (enter # of scheduled hours) during this work week without prior approval of your supervisor, and you must also complete a time and attendance form each pay period. [Insert a link to form or enclose form]. It is important to remember that reading or sending emails, listening to or sending voice mails, or sending test messages about work assignments or activities is considered work and must not be done outside of your scheduled work hours.
O/T Eligible to O/T Exempt:
This letter is to inform you that your position has been reclassified from overtime eligible to overtime exempt. This means your position is no longer eligible for overtime if you work over 40 hours in the work week. This change will be effective [enter date]. This change is based on a change to the law that has affected your classification. The Fair Labor Standards Act (FLSA) and Washington’s Minimum Wage Act govern position classifications as overtime eligible or overtime exempt, and these laws apply to all positions. Positions that are exempt from overtime must meet very specific criteria, such as paying a minimum salary, paying on a salary basis, and passing a specific job duties test.
Prior to state law changes, employees who were classified as overtime exempt had to make at least $455 per week or $23, 660 per year. However, effective *January 1, 2021, the new minimum salary standard threshold will be *$958.30 per week, or *$49,831 per year.
*Please use the appropriate information from the chart below, for the information highlighted in asterisk above, and remove chart from letter:
|
Start |
Multiplier |
MinWage |
Weekly |
Annual |
|
7/1/2020 |
1.25 |
$13.50 |
$675 |
$35,100 |
|
1/1/2021 |
1.75 |
$13.69 |
$958.30 |
$49,831 |
|
1/1/2022 |
1.75 |
$ 13.93 |
$975 |
$50,700 |
|
1/1/2023 |
2 |
$14.10 |
$1,128 |
$58,656 |
|
1/1/2024 |
2 |
$14.21 |
$1,137 |
$59,124 |
|
1/1/2025 |
2.25 |
$14.40 |
$1,296 |
$67,392 |
|
1/1/2026 |
2.25 |
$14.53 |
$1,308 |
$68,016 |
|
1/1/2027 |
2.5 |
$14.82 |
$1,482 |
$77,064 |
|
1/1/2028 |
2.5 |
$15.12 |
$1,512 |
$78,624 |
|
Federal FLSA Salary Basis (1/1/2020): $35,568 (annual) |
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For Represented Employees
Please note for employees who are represented by a Union, refer to the appropriate collective bargaining agreement to ensure the required notifications occur when making changes to an employee’s O/T status.
For Nonrepresented Employees
The following 357 WAC requires the employer to inform employees whether they are eligible to recieve overtime compensation:
WAC 357-28-250 Must employers inform employees whether they are eligible to receive overtime compensation or not?
(1) Employers must inform employees of whether or not their positions are eligible to receive overtime, including any subsequent change to their eligibility for overtime compensation.
(2) When employees are dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, employers must inform employees of any temporary eligibility to receive overtime compensation. Employees must be informed in accordance with the employer's policy as approved by the director.
If you have questions contact rules@wa.gov
