Sample language to include in your employee notification:

O/T Exempt to O/T Eligible:

This letter is to inform you that effective _______________, your position has been changed from overtime exempt to overtime eligible. This means you are eligible for overtime if you work over 40 hours in the week. Your work week starts on {enter date} at {enter time}. You must not work more than (enter # of scheduled hours) during this work week without prior approval of your supervisor, and you must also complete a time and attendance form each pay period.  [Insert a link to form or enclose form].  It is important to remember that reading or sending emails, listening to or sending voice mails, or sending test messages about work assignments or activities is considered work and must not be done outside of your scheduled work hours.

O/T Eligible to O/T Exempt:

This letter is to inform you that your position has been reclassified from overtime eligible to overtime exempt. This means your position is no longer eligible for overtime if you work over 40 hours in the work week. This change will be effective [enter date]. This change is based on a change to the law that has affected your classification. The Fair Labor Standards Act (FLSA) and Washington’s Minimum Wage Act govern position classifications as overtime eligible or overtime exempt, and these laws apply to all positions.  Positions that are exempt from overtime must meet very specific criteria, such as paying a minimum salary, paying on a salary basis, and passing a specific job duties test.

Prior to state law changes, employees who were classified as overtime exempt had to make at least $455 per week or $23, 660 per year.  However, effective *January 1, 2021, the new minimum salary standard threshold will be *$958.30 per week, or *$49,831 per year.

*Please use the appropriate information from the chart below, for the information highlighted in asterisk above, and remove chart from letter:

For Represented Employees

Please note for employees who are represented by a Union, refer to the appropriate collective bargaining agreement to ensure the required notifications occur when making changes to an employee’s O/T status. 

For Nonrepresented Employees

The following 357 WAC requires the employer to receive approval from the State Human Resources Director when changing a position from overtime eligible to overtime exempt or law enforcement:

WAC 357-28-245 Is approval required when a general government employer changes a position's overtime eligibility designation?

Approval from the director is required when a general government employer changes a position's overtime eligibility designation to overtime-exempt or law enforcement.

If you have questions contact rules@wa.gov