WSR 08-22-011

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 24, 2008, 4:22 p.m. ]

In accordance with RCW 34.05.230(12), following are the policy and interpretive statements issued by the department regarding the specialty compliance services division.

If you have any questions or need additional information please call Josh Swanson at (360) 902-6805.

Specialty Compliance Services: Employment Standards

New Policy ES.A.8.3, Process Protocols For Reasonably Equivalent Overtime Compensation Plans For Truck & Bus Drivers

Companies may voluntarily submit to L&I for its review under RCW 49.46.130 (2)(f) and WAC 296-128-011 and 296-128-012 a compensation system for truck and bus drivers subject to the Federal Motor Carrier Act that includes overtime pay for hours over forty per workweek and is reasonably equivalent to traditional overtime. These protocols, which are based on L&I's general historical practices, describe processes for employers' submission and L&I's evaluation of nonhourly compensation systems for truck and bus drivers.

Contact Janis Kerns, Industrial Relations Specialist, P.O. Box 44510, Olympia, WA 98504-4510, phone (360) 902-5552, e-mail kerj235@lni.wa.gov.

Josh Swanson

Washington State Code Reviser's Office