WSR 05-18-091

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 7, 2005, 10:11 a.m. ]

In accordance with RCW 34.05.230(12), following are the policy and interpretive statements issued by the department for June - August 2005.

If you have any questions or need additional information, please call Carmen Moore at (360) 902-4206.


POLICY AND INTERPRETIVE STATEMENTS


WISHA


WISHA Regional Directive (WRD) 18.35, "Grounding Requirements for Temporary Substation Fences."

This policy will remain in effect indefinitely. It applies to all WISHA enforcement and consultation activities involving WAC 296-45-475(3) (installation of temporary substation fences). It replaces all previous guidance on the subject, whether formal or informal. This new policy was issued August 19, 2005.

Contact Marcia Benn, Mailstop 44648, phone (360) 902-5503.

SPECIALTY COMPLIANCE SERVICES

Employment Standards.

Contact person for all policies below: Janis Kerns, Mailstop 44510, phone (360) 902-5552.

Minimum Wage Act Applicability, ES.A.1.

This policy clarifies the MWA may apply to public employees and that public employees are subject to the salary basis regulations. It also clarifies that the exemption for employees of charitable institutions charged with childcare responsibilities applies only to recreational camps run by such organizations. Major paragraphs in the policy have been numbered for easier reference. This policy was amended June 24, 2005.

Collective Bargaining Agreements, ES.A.6.

New language was added in the industrial welfare section to reflect changes made by 2003 legislature to bring public employees under chapter 49.12 WAC, the Industrial Welfare Act. The policy was amended to explain that new information on construction companies that have collective bargaining agreements may bargain their meal and rest periods to vary from the meal and rest periods provided in WAC 296-126-092. New language was added to explain that meal and rest periods under collective bargaining agreements can vary from or supersede the Industrial Welfare Act for public employees. Major paragraphs in the policy have been numbered for easier reference. This policy was amended June 24, 2005.

Questions and Answers About Salary Basis, Administrative Policy #ES.A.9.1.

This policy was amended to clarify that if an employee is not qualified under a bona fide sick leave plan, the employer may deduct wages in full-day increments. This policy was amended June 24, 2005.

Industrial Welfare Act, Administrative Policy ES.C.1.

This policy is amended to explain conditions of labor and explain that public employees are now covered under the Industrial Welfare Act, chapter 49.12 RCW. Major paragraphs in the policy were numbered for easier reference. This policy was amended June 24, 2005.

Hours Worked, ES.C.2.

This policy clarifies that public employers are not required to obtain a state minor work permit when they employ persons under the age of eighteen and adds note that public employers are required to comply with federal child labor regulations. Major paragraphs in the policy have been numbered for easier reference. This policy was amended June 24, 2005.

Meal and Rest Periods, Administrative Policy ES.C.6.

This policy was amended to explain that public employees are now entitled to meal and rest periods under chapter 49.12 RCW and WAC 296-126-092 and that labor/management agreement or collective bargaining agreement (CBA) can vary from or supersede the WAC. The policy was also amended to explain that construction workers with a CBA can vary meal and rest periods from the WAC. The definition of rest periods and intermittent rest periods were also clarified. Major paragraphs in the policy have been numbered for easier reference. This policy was amended June 24, 2005.

Administrative Policy ES.A.9.2: General Information Applicable to Exemptions from Minimum Wage and Overtime Requirements for White-Collar Workers (Executive, Administrative, Professional, Computer Professional and Outside Sales).

This new policy replaces the April 1992 Interpretive Guideline, ES-006. This policy is an introduction to the department's interpretation of the state's regulations exempting certain office and nonmanual type work, known as "white collar regulations" and contains general information applicable to all of the regulations under WAC 296-128-500 and 296-128-540. These policies expand ES-006, which had brief summaries of each of the exemptions. ES-006 was withdrawn from the other administrative policies revised and issued January 2, 2002. Each of the "white-collar" classifications was given separate administrative policy numbers. This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.3: Exemption from Minimum Wage and Overtime Requirements for Executive Positions.

This new policy interprets the executive positions (white-collar) exemption, WAC 296-128-510. Major paragraphs in the policy have been numbered for easier reference.

This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.4: Exemption from Minimum Wage and Overtime Requirements for Administrative Positions.

This new policy interprets the administrative (white-collar) exemption, WAC 296-128-520. Major paragraphs in the policy have been numbered for easier reference. This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.5: Exemption from Minimum Wage and Overtime Requirements for Professional Positions.

This new policy interprets the state's professional (white-collar) exemption, WAC 296-128-530. Major paragraphs in the policy have been numbered for easier reference. This expands the 1992 Interpretive Guideline ES-006, which was repealed January 2, 2002. This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.6: Exemption from Minimum Wage and Overtime Requirements for Computer Professional Positions.

This new policy interprets the state's computer professional (white-collar) exemption, WAC 296-128-535. Major paragraphs in the policy have been numbered for easier reference. This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.7: Exemption from Minimum Wage and Overtime Requirements for Outside Sales Positions.

This new policy interprets the state's outside sales (white-collar) exemption, WAC 296-128-540. Major paragraphs in the policy have been numbered for easier reference. This expands the 1992 Interpretive Guideline ES-006, which was repealed January 2, 2002. This new policy was issued June 24, 2005.

Administrative Policy ES.A.9.8: Definition of Fee Basis in Administrative, Professional and Outside Sales Positions.

This new policy interprets fee basis payments under the administrative, professional, and outside sales exemptions under WAC 296-128-520, 296-128530, and 296-128-540. These exemptions may be paid either on a salary or fee basis. Major paragraphs in the policy have been numbered for easier reference. This new policy was issued June 24, 2005.

Carmen Moore

Rules Coordinator

Washington State Code Reviser's Office