WSR 97-18-079

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed September 3, 1997, 10:50 a.m.]

Subject of Possible Rule Making: WAC 296-128-530(1) Professional--Overtime and minimum wage exemption for computer software professionals as currently provided in federal statute (FLSA).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.46.010 (2)(c).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed amendment is in response to stakeholder request and will conform WAC 296-128-530(1) to the Fair Labor Standards Act.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Labor, Wages and Hours Division. The Department of Labor and Industries will consult United States Department of Labor through meetings and correspondence.

Process for Developing New Rule: The department will utilize meetings with all impacted stakeholders as it has throughout the long history of this issue. The department will conduct public hearings and receive written testimony to arrive at a balanced rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Greg Mowat, Program Manager, Employment Standards, phone (360) 902-5310, FAX (360) 902-5300, Department of Labor and Industries, P.O. Box 44510, Olympia, WA 98504-4510.

September 2, 1997

Gary Moore