WSR 26-18-047 (26-18)

FINANCIAL MANAGEMENT

[Filed August 28, 2026, 11:29 a.m., effective October 1, 2026]

Effective Date of Rule: October 1, 2026.

Purpose: To provide clarity on what must be addressed in employers' salary determination policies (SDP). WAC 357-28-030 requires employers to develop a written SDP that is subject to the director's approval. Office of financial management, state human resources conducted a review of chapter 357-28 WAC and identified opportunities to clarify what must be addressed in employers' SDP. This effort was prompted by employer feedback and a need to clarify requirements related to SDPs and based on the understanding that employers may have made updates to their policies over the years without requesting director's approval. The amendment to WAC 357-28-035 includes informing employees who are dispatched to emergency response duty under an incident command system of any temporary eligibility to receive overtime compensation in accordance with WAC 357-28-250. The amendment to WAC 357-28-250 is housekeeping in nature.

Citation of Rules Affected by this Order: Amending WAC 357-28-035 and 357-28-250.

Statutory Authority for Adoption: RCW 41.06.133.

Other Authority: RCW 41.06.133.

Adopted under notice filed as WSR 26-14-068 on June 26, 2026.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: August 28, 2026.

Legal Affairs Counsel

AMENDATORY SECTION(Amending WSR 26-08-084, filed 3/31/26, effective 5/1/26)

WAC 357-28-035What must be addressed in the employer's salary determination policy?

The employer's salary determination policy must minimally address the following:

(1) Setting base salary for new employees;

(2) Adjusting timing and/or amount of regularly scheduled increment increases in accordance with WAC 357-28-070;

(3) Adjusting base salary to address issues related to recruitment, retention, or other business-related reasons in accordance with WAC 357-28-090;

(4) Increasing base salary in accordance with WAC 357-28-110 when an employee is promoted to a position in a new class;

(5) Increasing base salary in accordance with WAC 357-28-110 when an employee is promoted to a permanent position while in a nonpermanent appointment;

(6) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;

(7) Setting base salary in accordance with WAC 357-28-135 when an employee is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off;

(8) Setting base salary higher than step M in accordance with WAC 357-28-120 for an employee occupying a position that is reallocated to a class with the same or lower salary range;

(9) Setting base salary in accordance with WAC 357-28-155 when an employee is demoted for any other reason than accepting a demotion in lieu of layoff or the demotion is a result of reasonable accommodation;

(10) Setting base salary in accordance with WAC 357-28-150 when an employee is reverted following a voluntary demotion;

(11) Authorizing additional pay to support recruitment and/or retention for a specific position in accordance with WAC 357-28-095;

(12) Setting base salary and progression based on recruitment and retention rather than years of experience for the nurse special pay salary schedules, if applicable;

(13) Compensation for employees being called back to work in accordance with WAC 357-28-185;

(14) When an employee must receive shift premium in accordance with WAC 357-28-190;

(15) When an employee must receive holiday premium in accordance with WAC 357-28-200;

(16) When an employee must receive standby pay in accordance with WAC 357-28-205;

(17) Informing employees who are dispatched to emergency response duty under an incident command system of any temporary eligibility to receive overtime compensation in accordance with WAC 357-28-250;

(18) When an employee must receive overtime compensation in accordance with WAC 357-28-255;

(((18)))(19) Setting base salary in accordance with WAC 357-19-340 when an employee returns to a permanent position from a project position;

(((19)))(20) Setting base salary in accordance with WAC 357-19-353 when a WGS employee returns to a permanent position from an acting WMS appointment; and

(((20)))(21) Setting base salary in accordance with WAC 357-19-395 when an employee returns to a permanent position from a nonpermanent appointment.

AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-250Must employers inform employees whether they are eligible to receive overtime compensation or not?

(1) Employers must inform employees of whether or not their positions are eligible to receive overtime, including any subsequent change to their eligibility for overtime compensation.

(2) When employees are dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, employers must inform employees of any temporary eligibility to receive overtime compensation. Employees must be informed in accordance with the employer's salary determination policy as approved by the director.