WSR 06-16-102



[ Filed August 1, 2006, 8:34 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-31-265 What is the effect of suspended operations on employees who are not required to work during the closure?

Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin Street, Olympia, WA 98504, on September 14, 2006, at 8:30 a.m.

Date of Intended Adoption: September 14, 2006.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 8, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by September 8, 2006, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 357-31-265 are necessary for this rule to be in line with the Fair Labor Standards Act.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

A cost-benefit analysis is not required under RCW 34.05.328.

July 31, 2006

Eva N. Santos


AMENDATORY SECTION(Amending WSR 05-08-137, filed 4/6/05, effective 7/1/05)

WAC 357-31-265   What is the effect of suspended operations on employees who are not required to work during the closure?   At a minimum, employees not required to work during suspended operations must be allowed to use their personal holiday((,)) or accrued vacation leave((, accrued compensatory time, or leave without pay to account for the time lost due to the closure)). ((If an employer's suspended operations procedure allows, employees may also be released without a loss in pay or given a reasonable opportunity to make up work time lost as a result of the suspended operations.)) Overtime-eligible employees must also be allowed to use accrued compensatory time to account for the time lost due to the closure. Overtime-eligible employees may be allowed to use leave without pay and given an opportunity to make up the time lost (as a result of suspended operations) within the work week. For overtime eligible employees, compensation for making up lost work time must be ((granted on a compensatory time basis at not less than straight time nor more than time and one-half,)) in accordance with WAC 357-28-255, 357-28-260, and 357-28-265 when applicable, and must be part of the employer's suspended operations procedures. The amount of compensation earned under this section must not exceed the amount of salary lost by the employee due to suspended operation.

If the employer's suspended operations policy allows, employees may be released without a loss in pay.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-265, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office