Sample Language

**Pending due to recent Texas ruling**

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] and ends 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 e-mails, listening to or sending voice mails, or reading or sending text 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 federal Fair Labor Standards Act (FLSA) and state laws 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 amount, paying on a salary basis, and passing a specific job duties test.

 

Prior to recent federal law changes, employees who were classified as overtime exempt had to make at least $455 per week. However, on May 18, 2016, the Department of Labor announced that the new minimum salary threshold will be $913 per week, or $47,476 per year. This rule takes effect on December 1, 2016.

 

For Represented Employees

 

The following 41.80 General Government CBAs require the employer to notify the union of changes in FLSA status:

 

UNION

NOTIFICATION REQUIREMENTS Including TO NOTIFY UNION

1199 NW

No language.

 

Coalition

Article 7.2 A Union will be notified in writing if a change in overtime-eligible status is made to a position.

L17

No language.

 

Teamsters DES

Article 6.2 A Union will be notified if a change in overtime eligible status is made to a position.

Teamsters DOC

No language.

 

WAFWP

Article 6.3 will notify the Association if a change in overtime-eligible status is made to a position

 

WFSE

Article 6.2 when notifying the employee a change from overtime-eligible to overtime exempt must attached the appropriate DOL fact sheet re: FLSA.

WPEA

No language.

 

Higher Ed

 

WFSE HE:CCC   7.2 Employer will provide the employee with written notice of the change.

 

WPEA HE:CCC   7.2 Employer will provide the employee with written notification of the change with a copy to the Union

 

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.

 

General government employer request to change a position’s overtime eligibility designation to overtime exempt or law enforcement. (Non-represented)

 

WAC 357-28-245 

Agencies must submit request to OFM State HR

 

  • Provide previous and updated position descriptions.
  • Justification for the designated change.
  • Provide current organizational chart.

 

SHR response time:

10 Days

 

If you have questions contact

 

Kristie Wilson

State Human Resources Rules Manager

__________________________________­­­­­­­­­­­_______­­­­­­­­­­­_____­­___­­­

State Human Resources | Office of Financial Management

128 10th Ave SW | PO Box 47500 |  Olympia, WA 98504
p: (360) 407-4139

Kristie.Wilson@ofm.wa.gov | www.hr.wa.gov