WSR 22-20-019
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed September 22, 2022, 4:33 p.m.]
Calculations for the Executive, Administrative, and Professional (EAP) Exemption Salary Threshold Calculations for 2023
The department of labor and industries recently updated the rule for overtime exemptions for EAP workers, including outside sales and computer professionals. To be exempt from overtime, EAP workers must be salaried, paid a minimum specified salary level, and must primarily perform executive, administrative, professional, outside sales, or computer professional duties as defined under chapter 296-128 WAC.
According to WAC 296-128-545, the salary thresholds for EAP overtime exemption are calculated using a multiplier of the minimum wage for a 40-hour workweek and incrementally adjust through 2028. In 2028, the salary threshold will be 2.5 minimum wage for all employers.
Using the 2023 Washington minimum wage of $15.74, the 2023 salary thresholds for EAP overtime exemption are as follows:
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| • | For small employers with 50 or fewer employees, the applicable EAP salary threshold in 2023 is $1,101.80 per week ($57,293.60 annually), which is 1.75 times the minimum wage. |
| • | For large employers with 51 or more employees, the applicable EAP salary threshold in 2023 is $1,259.20 per week ($65,478.40 annually), which is two times the minimum wage. |
| • | For computer professionals at a small employer with 50 or fewer employees, the applicable wage rate for an exempt computer professional is $55.09 per hour, which is 3.5 times the minimum wage. |
| • | For computer professionals at a large employer with 51 or more employees, the applicable wage rate for an exempt computer professional is $55.09 per hour, which is 3.5 times the minimum wage. |
If you have any questions, please contact Tracy West, rules coordinator, at 360-902-6954.
Tracy West
Rules Coordinator